STATE OF MAHARASHTRA Vs. ISMILE ABDUL GAFUR PATEL

JUDGEMENT

(1.) Since both the appeals arise out of the common judgment and award passed by the reference Court, they were heard together and are being disposed of by this common judgment.

(2.) The First Appeal No. 870 of 1991 has been filed by the State of maharashtra whereas the First Appeal No. 817 of 1991 has been filed by the claimants.

(3.) The claimants' land bearing Survey Nos. 40, 44/1, 39/1, 37/4c, 7/2/7/a, 37/1/a, 36/8, 37/40/68/8, 37/18 and 36/7 situated in village Taloja, Taluka panvel, District of Thane, were sought to be acquired by a notification issued under section 4 of the Land Acquisition Act 1894, hereinafter called as "the said act", and published in Government Gazette on 4th February, 1970. The award in exercise of powers under section 11 of the said Act was declared on 6th december 1985 thereby awarding compensation for the land of the claimants at the rate of Rs. 3/- and Rs. 4/- per sq. metre. Being dissatisfied, the claimants preferred reference application under section 18 of the said Act claiming Rs. 15/- p. s. m. which was thereafter by way of amendment enhanced to Rs. 25/- and further to Rs. 30/- p. s. m. The reference court after recording the evidence which comprised of testimony of the claimants and their valuer, awarded compensation at the rate of Rs. 15/- p. s. m. Being dissatisfied with the said award, the State of maharashtra has filed the First Appeal No. 870 of 1991 whereas the claimants have filed the First Appeal No. 817 of 1991 claiming compensation at the rate of rs. 40/- p. s. m.