STATE OF MAHARASHTRA Vs. ASHOK LAXMAN WANI

JUDGEMENT

(1.) Common, but, question of some significance in law arises for consideration of the court in all these Appeals. Despite liberal construction of application of law of amendment in Appeals before the Court of competent jurisdiction, we are called upon to determine the issue, as to whether the provisions of Order 6 Rule 17 of the Code of Civil Procedure, 1908 are applicable to the proceedings including the Appeal proceedings arising under the Land Acquisition Act, 1894 and if the answer is in the affirmative, what is the scope and limitation of such application. To examine various facets of this, reference to the facts giving rise to these Appeals would be necessary.

(2.) Vide its judgments dated 4th May 1996, 17th January 1997, 22nd August 2005 and 29th August 2005, the Joint District Judge, Raigad at Alibaug, answered 23 Land References made to it by the Collector under Section 18 of the Act. Aggrieved from the enhancement granted under the impugned judgments, the State filed present Appeals for reduction of the compensation awarded, while the Claimants being dissatisfied from the compensation awarded to them by the learned Court, have come before this Court for enhancement of compensation.

(3.) Government of Maharashtra issued a Notification under Section 4 of the Act on 24th September 1986 proposing to acquire huge chunk of land from revenue estate of Village Padaghe, Taluka Panvel, District Raigad for a public purpose, namely, New Bombay Project. Declaration under Section 6 was issued on 10th May 1987. The SLAO exercising the powers of the Collector made and published his Award under Section 11 of the Act on 18th September 1989 awarding compensation to the Claimants at the rate of Rs.4/-per sq. mtr. The Claimants appeared to have accepted the compensation without prejudice and filed References under Section 18 of the Act claiming compensation at the rate of Rs.50/-per sq. mtr. which was subsequently amended to Rs.500/-per sq. mtr. These claim petitions, presented before the S.L.A.O. on 8th November 1989, were referred to the Reference Court by the Collector on 29th November 1989. The parties produced documentary and oral evidence before the Reference Court. The Reference Court pronounced its judgments and answered the Reference in L A R Nos.158 of 1989, 145 of 1989, 147 of 1989 and 148 of 1989 on 4th May 1996 enhancing the compensation payable to the Claimants at the rate of Rs.160/-per sq. mtr. While awarding this compensation to the Claimants, the Reference Court primarily relied upon the report of the Valuer which was prepared by Economist of CIDCO, Exhibit 53, and calculated the cost of the land in proportion to the cost of project. While relying upon the cost in the area of steel market which was developed as Kalamboli. The Valuer arrived the price of the developed plot was fixed at Rs.475/-per sq. mtr. It also noticed the fact that the price of the developed land in the year 1986-87 was about Rs.346/-per sq. mtr. Reliance was also placed upon the land sold by CIDCO and MIDC. After the appreciation of this evidence, the Reference Court awarded the compensation taking it to be the just and fair market value of the land prevalent at the relevant time i.e. as on 24th September 1986.