STATE OF MAHARASHTRA Vs. KAMALAKAR SHANKAR PAVANEKAR

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties. These two Appeals can be disposed of by a common judgment as the challenge in both the Appeals is to the same judgment and award under Section 18 of the Land Acquisition Act, 1894. The said judgment and award has been made in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act").

(2.) The land subject matter of the Reference is situated at Village Kamothe, Taluka Panvel, District Raigad. The area of the acquired land is 4,200 square meters. The notification under Section 4 of the said Act of 1970 was issued on 3rd February, 1970 notifying the said land for public purpose of setting up of a satellite city of Navi Mumbai. The award was made on 20th January, 1986 under Section 11 of the said Act. The claimants claimed the market value @ Rs.25/- per square meter. By the impugned judgment and award, the Reference Court has fixed the market value @ Rs.15/- per square meter and has directed that the claimant will be entitled to all the statutory benefits.

(3.) First Appeal No.174 of 1990 is preferred by the State of Maharashtra praying for quashing and setting aside the impugned award. First Appeal No.797 of 1990 is preferred by the claimants for seeking further enhancement. The learned Advocates appearing for the parties have taken me through the notes of evidence and other relevant material available on record.