STATE OF MAHARASHTRA Vs. KASHINATH NATHU KATKARI

JUDGEMENT

(1.) These appeals can be conveniently disposed of by a common judgment and order. The appeals take exception to the same judgment and award dated 08th August, 1991 passed by the learned 3rd Additional District Judge, Raigad at Alibag in Land Acquisition Reference No.517 of 1987. By the said judgment and award, a reference made under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) has been partly allowed.

(2.) The acquisition relates to lands at village Wadghar, Taluka Panvel, District Raigad. The said lands were notified for acquisition under section 4 of the said Act on 03rd February, 1970 for the public purpose of setting up of satellite city of Navi Mumbai. Award under section 11 of the said Act was made on 22nd September, 1986. In the reference, the claim of the claimants was for market value at the rate of Rs.20/- per sq meter. By the impugned judgment and award, the reference Court has fixed the market value at the rate of Rs.10/- per sq meter. The reference Court also granted statutory benefits. The First Appeal No.835 of 1992 has been preferred by the State Government praying for quashing and setting aside the impugned award. The First Appeal No.359 of 1992 has been preferred by the claimants for seeking enhancement in market value.

(3.) The learned advocate appearing for the claimants placed reliance on various decisions of this Court arising from an Award made under section 18 of the said Act relating to the acquired lands at village Wadghar which were notified for acquisition under the same notification under section 4 of the said Act. He submitted that the market value ought to have been more than Rs.15/- per sq meter. The learned A.G.P submitted that there was no evidence adduced by the claimants for justifying the grant of market value at the rate of Rs.10/- per sq meter. She, therefore, submitted that the impugned judgment and award deserves to be quashed and set aside.