MUNICIPAL COROP OF GREATER MUMBAI Vs. VINAYAK RAOJI SUNKERSETT SATYAVATI V SUNKERSETT AND NARENDRA V SUNKERSETT

JUDGEMENT

(1.) THIS appeal is at the instance of the acquiring body namely the Municipal Corporation of greater Bombay (for short the Corporation)aggrieved by the judgment and decree passed by the learned single Judge of this Court enhancing the compensation in the land acquisition reference No. 8 of 1987.

(2.) THE land that has been acquired is the land bearing City Survey No. 481 (Part) of Bhuleshwar division admeasuring 2182 square metres. The notification No. DPB/4379/3627/ud-5 was issued under section 126 of the Town Planning Act on September 29, 1979 for acquisition of the aforesaid land for the purposes of market and road. The notification was published in the Government Gazette on November 1979. The Special Land Acquisition Officer ('slao')fixed the market value of the acquired land at the rate of Rs. 1,000/- per square metre. The SLAO passed the award to the expropriated owners in the sum of rs. 38,44,678. 27 paise. The expropriated owners were not satisfied with the award of the SLAO being inadequate and, accordingly, they made an application before the SLAO on October 30, 1986 for making reference. to this Court under Section 18 of the Land acquisition Act. The reference was made to this court and was numbered as Land Acquisition Reference no. 8 of 1987. The claimants examined four witnesses namely Vasantrao Raoji Sunkersett (CW1)Chandrashekhar Dwarkanath Vaidya (CW2) Surendra vinayakrao Sunkersett (CW3) and Milind Gotu Sambhare (CW4 ). The two witnesses CW1 and CW3 are the claimants themselves. CW2 and CW4 are practising valuers and architects. The claimants also tendered documentary evidence. On behalf of the acquiring body, one witness namely Vishnu ramchandra Kelkar, the architect and government approved valuer was examined. The documentary evidence was also produced toy the acquiring body.

(3.) THE learned trial Judge of this court after hearing the parties held that the market value of the land under acquisition as on November 1, 1979 was Rs. 3,750/- per square metre and fixed the market value of the acquired land at the rate of Rs. 3,750/-per square metre. The claimants were also held entitled to solatium at the rate of 30x on the total market value. The learned trial Judge held that the claimants were entitled to damages for severance and injurious affection of the land admeasuring 311. 00 square metres and awarded the damages for that land a rs. 3,500/- per square metre. The learned trial Judge awarded interest at the rate of 9% per annum on the balance amount of compensation for the period from november 20, 1973 to November 19, 1979 and interest at the rate of 15% per annum for the period from november 20, 1979 to September 22, 1986 and from september 23, 1986 until January 31, 1996. The learned trial Judge also apportioned the award amongst the claimants.