STATE OF MAHARASHTRA Vs. JANU HALYA BHINGARKAR

JUDGEMENT

(1.) Heard Advocates for the parties. The challenge in this Appeal is to the Judgment and Award dated 26th July 1988 passed by the learned Civil Judge (Senior Division), Raigad at Alibag. The said Judgment and Award has been passed 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 admeasuring 7035 sq.meters at village Kamothe, Taluka Panvel District Raigad. A notification under section 4 of the said Act of 1894 was issued on 3rd February 1970 notifying the acquired land for the public purpose of setting up a satellite city of Navi Mumbai. As the Respondent claimant did not accept the award under section 11 of the said Act, a reference under section 18 of the said Act was made. The respondent claimed compensation at rate of Rs.25/- per sq. meter. By the impugned Judgment and Award, the market value of Rs.15/- per sq. meter has been fixed.

(3.) The submission of the learned A.G.P. for State is that the compensation awarded is on the higher side. The submission of the learned counsel for the Respondent is that the case is governed by the decision of this court in case of Nama Padu Hudar and others vs. State of Maharashtra in First Appeal No.754 of 1958 and other connected matters. The said decision is dated February 25th and 26th,1993. He submitted that the Appeal be dismissed and cross objection be allowed.