STATE OF MAHARASHTRA Vs. MEHARUNNISA MAHAMADALLI KHOT

JUDGEMENT

(1.) THIS appeal preferred by the State against the judgment and order dated 29. 4. 1987 passed by the Civil judge, Sr. Divn. , Alibag in L. A. R. No. 7 of 1962, wherein enhanced compensation was allowed to the respondent claimant at the rate of Rs. 12/- per sq. mtr. as against the enhanced compensation granted by the Spl. Land Acquisition Officer (hereinafter referred to as "the S. L. A. O. ") at Rs. 5. 58 per sq. mtr. alongwith statutory benefits under different components under the provisions of the Land Acquisition Act (hereinafter referred to as "the said Act" ).

(2.) HEARD Shri Tated, the learned A. G. P. for the State and learned counsel Shri Irani for the respondent. The S. L. A. O. , Matro Cantra No. 1, Panval, Dist. Raigad acquired land of the respondent for New Bombay Matro project admeasuring 60. 7 Ares i. a. 6070 sq. mtrs. for the public purpose noted above. The notification under sec. 4 of the said Act cama to ba issued on 3. 2. 1976 and the data of the award was 27. 11. 1981 whereby the compensation was granted to the respondent at the rate of Rs. 5. 56 par sq. mtr. which amounted to Rs. 38,367. 45 in toto. Therefore, the claimant filed reference under sec. 18 of the Act submitting that the compensation awarded by the S. L. A. O. was inadequate and insufficient considering the N. A. potentiality capitalization and other sale instances of the similarly situated properties and, therefore, he claimed the compensation at the rate of Rs. 12/- per sq. mtr. The learned Trial judge heard the reference on merits and came to the conclusion that the claimant had proved his case and, therefore, enhanced compensation at the rate of Rs. 12/-per sq. mtr. came to be awarded alongwith different components under the provisions of the Said Act including Sec. 23 (1) of the said Act, on the basis of available evidence including that of the expert valuer. Hence the appeal.

(3.) AT the outlet, it may be noted that it is an admitted position that the land in question is located at Village Panvel, Tal. Panvel, Dist. Raigad and it was acquired for the purpose of New Bombay Project by the impugned notification dated 3. 2. 1970. On perusal of the judgment of the learned Trial Judge, it appears that he has put reliance on the evidence of the claimant. It may be noted that the expert valuer who was consulted by the claimant had prepared a map of the property and given his expert opinion, however, before recording of his evidence he met with an accident as a result, his evidence could not be recorded, however, the map and valuer's report were brought on record as the State did not raise any objection for the same. It is also evident from the entire record that the Bombay-Puna national Highway and Sion-Panval Highway are in the cola proximity of the impugned land. The National highway is 30 mtr. from the said land. It is also seen from the record that various industrial estate and industrial development which are took place in the area are in close vicinity and, therefore, there was absolutely no hesitation on the part of the lamed trial Judge to hold that the claimant is entitled to the compensation at the rate of Rs. 12/- per sq. mtr.