LAWS(BOM)-1997-2-155

ANANT VASUDEO KOSHE Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On February 27, 1997
Anant Vasudeo Koshe Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) ALL the aforesaid First Appeals arise out of acquisition proceedings in respect of lands situated at Asudgaon. Notification for Acquisition dated 3.2.1970 was published on 4.2.1970. The aforesaid lands were acquired for the development of public purpose at New Bombay. After completing all the formalities, the Land Acquisition Officer declared the award on 12.8.1983 and thereafter, on 20.9.1983, possession of the said lands were taken. The Land Acquisition Officer granted compensation at the rate of Rs. 3/ - per sq. mtr. and also consequential reliefs. Against the aforesaid order of the Land Acquisition Officer, the claimants in all the aforesaid First Appeals, preferred the Land Acquisition References under Section 18 of the Land Acquisition Act. Respondents in First Appeal No. 1432 of 1988 and the appellants in First Appeal No. 1036 of 1989 preferred L.A.R. No. 57 of 1984. The respondents in First Appeal No. 1433 of 1988 and the appellants in First Appeal No. 1037 of 1989 preferred L.A.R. No. 27 of 1983 while Appellants in First Appeal No. 1037 of 1989 preferred L.A.R. No. 63 of 1984. In all these Land References, the trial Courts, after considering the evidence and arguments on both the sides, awarded Rs. 10/ - per sq. mtr. and granted solatium at the rate of 30%. The trial Court also granted additional amount at the rate of 12% on market price under Section 23 and 23(1)(a). Against the aforesaid judgment and decree passed by the trial Court in various aforesaid Land Acquisition References, the claimants and the Government preferred the aforesaid First Appeals. Against the judgment and decree passed in L.A.R. No. 57 of 1984, the Government preferred an appeal, being First Appeal No. 1432 of 1988 and the claimants preferred an appeal, being First Appeal No. 1036 of 1989. Against the judgment and decree passed by the trial Court in Land Acquisition Reference No. 27 of 1983, the Government preferred First Appeal No. 1433 of 1988 and the claimants preferred First Appeal No. 1035 of 1989. Against the judgment and decree in L.A.R. No. 63 of 1984, the claimants have preferred First Appeal No. 1037 of 1989. All these First Appeals are in respect of the lands situated at village Asudgaon, Taluka Panvel, District Raigad. Though the appellants have preferred the First Appeals against the order passed in three different Land Acquisition References, we are disposing of these First Appeals by a common judgment and order.

(2.) IT is contended by Mr. Hegade, the learned Counsel appearing on behalf of the original claimants in the aforesaid First Appeals, that in the unreported judgment dated February 25th/26th, 1993, Justice Puranik and Justice Moharir in First Appeal No. 754 of 1986 along with other appeals, awarded compensation to the adjoining lands, which are similarly situated, at the rate of Rs. 20/ - per sq. mtr. He further contended that against the aforesaid decision of the Division Bench of this High Court, the State filed an appeal before the Supreme Court and the same was dismissed. In view of this, it is contended by Mr. Hegade that this Court may also grant compensation to the present claimants at the rate of Rs. 20/ - per sq. mtr. He further contended that against the judgment and decree of the trial Court granting compensation at the rate of Rs. 10/ - per sq. mtr. the claimants preferred the appeals and being layman, filed a claim in the said appeals at the rate of Rs. 15/ - per sq. mtr. The claimants came to know the aforesaid judgment of the Division Bench of this High Court and, therefore, they are ready and willing to pay the additional Court Fees in the appeals in the event this Court decides to grant compensation more than what they have claimed in the appeals. To that extent, they also preferred separate applications and the same were granted by this Court. In short, the claimants in the aforesaid First Appeals, have claimed compensation at the rate of Rs. 20/ - per sq. mtr. relying on the aforesaid judgment of the Division Bench of this High Court in First Appeal No. 754 of 1986.

(3.) THE aforesaid two rival contentions are subject -matter of these 5 First Appeals for our consideration.