STATE OF MAHARASHTRA Vs. PRAKASH VASUDEO DEODHAR

JUDGEMENT

(1.) By a common judgment dated 14th October, 1994, the learned District Judge, RaigadAlibag at Alibag disposed of number of Land Acquisition References made to the court by the Collector under section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act') and some petitions filed by the claimants under section 28A of the Act. While dealing with these references and petitions, the learned reference court enhanced the compensation payable to the claimants for acquisition of their respective lands to Rs.35/ per sq. mtr. for the land near to Highway while the lands situated beyond 1000 metres from Highway were awarded the compensation at the rate of Rs.25/ per sq.metre. The State Government felt aggrieved by the enhanced compensation awarded by the court to the claimants and have preferred 44 appeals and one crossobjection in claimant's appeal against the said judgment. The claimants felt that they were entitled to even higher compensation and therefore, have also filed 46 appeals before this court besides one crossobjection in State appeal. All these appeals/crossobjections raise common questions of fact and law for determination. Therefore, we would dispose of all the 90 appeals and two crossobjections filed by the parties as noticed in the title of the judgment.

(2.) Now, we may notice the necessary facts giving rise to the present appeals. The State Government issued a notification under section 4 of the Act on 3rd February, 1970 intending to acquire lands from Panvel and Kamothe villages in Raigad district for the residentialcommercial project to be developed by CIDCO. In furtherance to this notification, declaration under section 6 of the Act was issued on 11.1.1973 read with erratum dated 12th February, 1973. The Collector while exercising the power of Special Land Acquisition Officer after following due procedure prescribed under the provisions of the Act, made different awards during the period 1975 to 1985. The award under section 11 of the Act was declared during this period and compensation between Rs. 1.5 to Rs.10 per sq. metre was awarded. It appears from the record that petitions under sections 28A were also filed and further awards were passed on 16th September, 1987 with respect to 13 land acquisition proceedings and the compensation was awarded at the rate ranging from Rs.12 to Rs.18 per sq. meter. Dissatisfied with these awards, the claimants had made applications to the Collector for making references to the court of competent jurisdiction under section 18 of the Act. The land reference Nos.110/89 to 117/89 and 119/89 to 123/89 were preferred by the claimants under section 28A(3) of the Act. As already noticed, all these proceedings were based upon the common evidence. The learned reference court while enhancing the compensation held as under:

(3.) We may also notice that during the pendency of the proceedings which have given rise to the present appeals, different judgments of this court had been pronounced in relation to the same acquisition and the two villages in question viz. Panvel and Kamothe. Reference in this regard can be made to a Division Bench judgment of this court in the case of The State of Maharashtra v. Bama Balu Tembhe, First Appeal No.382 of 1984, decided on 19th March, 1987, wherein the court had fixed the rate of compensation payable to the lands situated at village Panvel between Rs.14/ to Rs.16/ per sq. metre and similar compensation was awarded in respect of the lands situated at village Kamothe. In the case of Chairman, Jawahar Nagar Cooperative Housing Society Ltd. v. State of Maharashtra, 2001(4) Mh. L.J. 571, the Division Bench of this court after considering various land acquisition references as well as the judgments of this court, awarded compensation at the rate of Rs.15/ per sq. metre for the lands situated in village Kamothe. In State of Maharashtra v. Ambaji Gopal Mali and others, First Appeal No.449 of 1986 decided by the Division Bench of this Court on 3rd July, 1986 the reference court had awarded compensation at the rate of Rs.15/ and in the case of State of Maharashtra v. Smt. Kamali Kashav Mhatre and others, 2005(1) All M.R. 459, another Division Bench of this court while considering all cases including the judgment in the case of Bama Balu Tembhe (supra), awarded compensation at the rate of Rs.25/ per sq.metre to the lands falling within 750 metres of the National Highway, at the rate of Rs.23/ per sq. metre for the lands falling between 750 and 1500 metres and in respect of the third category, at the rate of Rs.21/ per sq. metre for the lands beyond 1500 metres. It will be useful at this stage itself to notice the finding recorded by the Division Bench: