BHAGWATIPRASAD RAMBHAI PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The First Appeal is preferred seeking further enhancement of compensation granted by the Reference Court in judgment and award dtd. 19/12/2013 passed in Land Reference No. 77 of 2011 filed under Sec. 18 of the Land Acquisition Act, 1894 [for short, " L. A. Act "]. The Reference Court granted enhanced compensation at the rate of Rs.6.00 per square metre along with all statutory benefits, whereas Claimant had prayed for Rs.15.00 per square metre.

(2.) The acquired land was owned by deceased Ramchandra Haribhai Amin and reference was filed by the executor of Will of the deceased Ramchandra Haribhai Amin. The land in question bearing Gut Nos. 210 and 211 admeasuring 1,23,556 square metres situated at Airoli, Navi Mumbai, District - Thane came to be acquired for the planned development, and utilization of land in Trans Thane Creek for the industrial, commercial and residential purposes. Sec. 4 notification was issued on 20/9/1965 and the Award was passed by the Special Land Acquisition Officer on 15/2/1983 granting compensation at the rate of Rs.3.00 per sq. metre.

(3.) Before the Reference Court, the Claimant examined himself and one Prabhakar Shankar Ambike, Valuer, who had valued the acquired land at Rs.20.00 per sq. metre. As far as evidence of Valuer is concerned, the Reference Court noted that the concerned Valuer valued the suit property based on site visit of 2 nd January, 2013 and mentioned the rate of Rs.20.00 per sq. metre, but had not filed any documents to show the basis on which he had valued the land at Rs.20.00 per square metre as on 15/2/1983. The Reference Court noted that Court is required to consider the market rate of suit property during the period of notification under Sec. 4 of the L. A. Act, i.e. on 20/9/1965 and therefore, the valuation does not assist the case of the Claimant.