SPECIAL LAND ACQUISITION OFFICER MUMBAI Vs. BHAVSAR CONSTRUCTION CO PRIVATE LIMITED MUMBAI AND CONTROLLER OF RATIONING OFFICER MUMBAI

JUDGEMENT

(1.) BY the present Notice of Motion the Claimants have prayed that the Special Land Acquisition Officer be directed to deposit an amount of Rs. 1,70,77,760/- as per stamp duty valuation register as enumerated in Exhibit No. 1 to the Affidavit in support of the Notice of Motion.

(2.) AN award in respect of the land was made on 5th november, 1998. In terms of the Award the Land Acquisition officer has fixed the market value at Rs. 2,660/- per sq. ft. It is contended that the valuation for the purpose of stamp duty by the Government in the locality where the land is located is fixed at Rs. 5,320/- per sq. ft. Learned Counsel also draws my attention to the affidavit filed by Shri R. G. Jadhav, Special Land Acquisition Officer dated 26th August, 1999. In para 10 of the said affidavit, it is averred that the market value determined as per sale instances was the value fixed at Rs. 8,833/- per sq. ft. and the draft Award was sent to the Commissioner of Konkan Division, Navi Mumbai on 30th September, 1998 for approval. Learned Counsel also points out that in respect of the very same land section 4 notification was first issued on 20th February, 1992. The said proceedings were dropped. Fresh proceedings were initiated by section 4 Notification on 24th December, 1992. These proceedings in acquisition were also dropped and it is only thereafter pursuant to the third Notification issued under section 4 on 25th March, 1997 the acquisition finally culminated in the award and that too after the Petitioner had come, to this Court as the Land Acquisition Officer had failed to make the Award. Learned Counsel contends that there are obligations on them to put up construction on adjoining land and that can only be done if they receive the proper compensation including real market value for the present land. It is contended that the averment in para 10 of the affidavit where the Special Land Acquisition Officer had fixed the valuation at Rs. 8,833/- per sq. ft. would show that what has been awarded is not the real market value. The Respondent should be therefore directed to deposit the compensation at that rate and at any rate based on the stamp duty valuation which is Rs. 5,600/- per sq. ft.

(3.) I have heard learned Counsel on the above contentions. The award having been made, possession has been taken and the Claimants have been paid in terms of the award. A party aggrieved by the Award of the Land acquisition Officer if he is not satisfied with the valuation as done is entitled to apply for enhanced compensation by moving under section 18 of the Land acquisition Act. This is because the award is merely an offer. The Claimants have applied and a Reference has been made to this Court.