STATE OF MAHARASHTRA Vs. MATHIBAI DHARMA PHADKE

JUDGEMENT

(1.) I have heard learned A.G.P. for the Appellant. The Appellant-State of Mahrashtra has taken an exception to the Judgment and Award dated 31st March 1990 passed by the learned Joint Civil Judge (S.D.), Raigad at Alibag in a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the "said Act").

(2.) The acquisition relates to a land at village Kamothe, Taluka Panvel District Raigaid. The said land was notified under section 4 of the said Act on 3rd February 1970. The acquisition was for the public purpose of setting up a satellite city of Navi Mumbai. The Special Land Accusation Officer made an Award by which he offered the market value at the rate of Rs.3.50 per sq. meter. As the said amount was not accepted by the respondents, at their instance a reference was made under section 18 of the said Act. The Respondents claimed market value at the rate of Rs.30/- per sq. meter. By the impugned Judgment and Award, the market value at the rate of Rs.10/- per sq. meter has been awarded.

(3.) The submission of the learned A.G.P. for the Appellant is that the market value awarded by the Reference Court is excessive as there was no evidence adduced by the Respondents to justify the said market value.