(1.) With consent of the learned counsel for both the parties, First Appeal is taken up for final hearing at the admission stage itself.
(2.) To state in brief, land survey no.26, Hissa No.4/1, Survey no.40 Hissa No.1/1, Survey no.40 Hissa no.1/4, Survey No.40 Hissa No.1/6, Survey No.40 Hissa No.1/8 and Survey No.27 Hissa No.38 situated at Village:Valavali, Taluka: Panvel, District: Raigad belonging to the respondents were acquired for the New-Bombay Project, as per the Notification under Section 4 dated 4th February, 1970. Later on, award was passed. Being not satisfied by the award passed by the Special Land Acquisition Officer, respondents made a reference under Section 18 claiming compensation at the rate of Rs.15/- per sq.mtr., being the market value of the property. Accordingly, the reference was submitted to the IInd Additional District Judge, Raigad. It was contested on behalf of the State contending that when the notice under Section 9(3)(4) was issued, no reply was filed nor any valuation was given. It is also contended that the claim of the respondents is exorbitant.
(3.) After hearing the parties, the learned Reference Court fixed the market rate of the property at Rs.12/- per sq.mtr. and enhanced the compensation accordingly with appropriate solatium, additional component and interest as per the law. The State has preferred the present appeal challenging the enhancement of compensation by the Reference Court. It is contended that the rate fixed by the reference Court is very exorbitant and excessive.