STATE OF MAHARASHTRA Vs. KANA NAGU MHATRE

JUDGEMENT

(1.) Both the Appeals can be conveniently disposed of by a common Judgment as by both the Appeals the challenge is to the same Judgment and Award dated 19th October, 1988 in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act").

(2.) The acquisition relates to land bearing Survey No.90, Hissa No.5 and Survey No.90, Hissa No.6 admeasuring 1390 sq.mtrs. situated at Panvel, Taluka Panvel, District Raigad. The said land was notified for acquisition by a notification under Section 4 of the said Act dated 3rd February, 1970. The land was notified for public purpose of setting up of a satellite city of Navi Mumbai. An Award under Section 11 of the said Act has been made on 19th March, 1985 by which compensation @ Rs.6.50 per sq.mtr. was awarded. As the claimant did not accept the Award, a Reference under Section 18 of the said Act was made at his instance. The claim in the Reference for market value was @ Rs.45/- per sq.mtr. The Reference Court fixed the market value @ Rs.18/- per sq.mtr and awarded statutory benefits to the claimants.

(3.) First Appeal No.1039 of 1989 is preferred by the State of Maharashtra praying for quashing and setting aside the Award. First Appeal No.1040 of 1989 is preferred by the claimants for seeking enhancement in the compensation amount.