STATE OF MAHARASHTRA Vs. RAGHO JANU CHIMANE

JUDGEMENT

(1.) On 12th March, 2008 the submissions of the learned advocates appearing for the parties were heard and the judgment was reserved. Today the appeal is kept for dictation of judgment.

(2.) The appellant-State of Maharashtra by preferring this appeal has taken an exception to the judgment and award dated 04th October, 1991 passed by the learned 3rd Additional District Judge, Alibag, District Raigad in a reference under section 18 of the Land Acquisition Act, 1894.

(3.) The acquisition relates to a land bearing survey No.252, Hissa No.8 admeasuring 1080 sq meters situated at village Kamothe, Taluka Panvel, District Raigad. The said land was notified for acquisition by a notification dated 03rd February, 1970 under the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). The acquisition was for the public purpose of setting up of satellite city of Navi Mumbai. As the respondents did not accept the award made under section 11 of the said Act, a reference was made at the instance of the respondents under section 18 of the said Act. The claim made by the respondents in the reference for market value was at the rate of Rs.20/- per sq meter. By the impugned Judgment and Award, the market value has been fixed at the rate of Rs.14/- per sq meter. By preferring the appeal the appellant-State of Maharashtra is seeking to quash and set aside the impugned judgment and award. There is a cross-objection filed by the respondents seeking enhancement in market value at the rate of Rs.20/- per sq meter.