STATE OF MAHARASHTRA Vs. PARVATIBAI VITTHAL HUDAR

JUDGEMENT

(1.) State of Maharashtra issued a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 3rd February 1970 intending to acquire lands for a public purpose, namely, development and providing of plots for residential as well as commercial purposes and for an industrial complex from the revenue estate of Village Panvel. CIDCO was the developing authority for whose benefit the lands had been acquired and eventually transferred to the said Corporation. In furtherance to this Notification, declaration under Section 6 of the Act was issued on 11th January 1973. The SLAO exercising the powers of the Collector under the provisions of the Act and after adopting the prescribed procedure, made an Award under Section 11 of the Act on 21st January 1981. In this Award, the SLAO awarded compensation at the rate of Rs.1.50/- to Rs.6/- per sq. mtr. for the lands acquired. The possession of the land was taken by the official Respondents on different dates including 22nd March 1974. The Claimants had not preferred reference under Section 18 of the Act and the Award passed by the SLAO remained binding between the parties.

(2.) The State felt aggrieved from the Award of the Reference Court dated 12th January 2000 and preferred 25 Appeals though by the Reference in question 36 claim Petitions were decided. In addition to this, the Claimants have filed 25 Appeals against the same judgment claiming compensation at the rate of Rs.60/- per sq. mtr. Thus, in all, there are 50 Appeals which are being disposed of by this common judgment..

(3.) The witnesses of the Claimants were examined as CW-1 and CW-2 and they proved on record Exhibits 23 to Exhibit 35. Amongst these exhibits which were tendered and proved during recording of the statements of the two witnesses, were the judgments of the Courts and/or the statements recorded by the Courts in different land References. The learned Reference Court mainly placed reliance on the judgment of the High Court (Exhibit 25) in First Appeal No. 754 of 1986 in the case of Nama Padu Hudar and other vs. The State of Maharashtra, 1993 (3) Bom. C.R. 54, where the High Court had decided that the Claimants were entitled to receive compensation at the rate of Rs.25/- per sq. mtr. on 26th February 1993.