STATE OF MAHARASHTRA Vs. ISHWARSHARAN KEDARNATH BHARGAVA

JUDGEMENT

(1.) In the year 1963-64, the Government of Maharashtra took a decision to acquire the lands on eastern and western sides of Thane- Belapur Road for a public purpose viz. development and utilisation of the same in Thane Harbour Panvel and Trans Thane Creek, for industrial, commercial and residential development. This project was to be named as New Bombay City Project. In furtherance to this public purpose, notification under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as "the Act", was issued for acquiring different lands belonging to different land owners out of Gat Nos. 14, 28, 35,, 39, 166, 170 and 285 of village Rabale in Thane District during the period 13th September, 1968 to 2nd December, 1972. The Land Acquisition Officer, vide his awards of different dates, awarded compensation to the claimants at Rs. 5.40 per sq.metre for acquisition of their respective lands. Different amounts were claimed by the owners of the land in Land Acquisition References. The claimants being dissatisfied with the Award of the Collector preferred applications under Section 18 of the Act and claimed varied amounts of compensation. The learned Reference Court vide its award dated 17th February, 1990 increased the compensation payable to the claimants to Rs. 12/-per sq.metre, in addition to other compensation payable for construction, etc., depending on the facts and circumstances of each case and also directed the State to pay solatium at the rate of 30 per cent with additional market value and also awarded interest under the provisions of the Act.

(2.) Aggrieved from the judgment of the Reference Court, the State filed the above 24 appeals before this Court. Some of the claimants, claiming further enhancement of the awarded compensation, have also filed three cross objections in appeals. Consequently, we would be disposing of all the cases aforereferred by this common judgment as common question of fact and law arise for consideration in the present cases.

(3.) The learned Reference Court, after noticing the pleading of the parties, framed the following issues and answered them as follows:"