GOVERNMENT OF BOMBAY Vs. MERWAN MOONDIGAR AGA

JUDGEMENT

(1.) This is a reference from the award of the Land Acquisition Officer under the Land Acquisition Act, The property was notified for acquisition for a park scheme on February 9, 1920, and the market value of the property is to be determined as of that date.

(2.) The property is situated on Cadell Road, Mahim. The area is 5957 square yards. It has a frontage of 380 feet and an average depth of 138 feet. On the north of the property there is a passage about twelve feet wide. Beyond the passage there is a large tank which is Survey No. 1770 On the east there is another huge tank covered by Survey No. 1752. On the south there is a passage also about twelve feet wide. As regards frontage it is to be observed that a portion of it admeasuring about 150 feet abuts on Cadell Road, while the rest being about 230 feet abuts on a remnant of old Parbhadevi Road. Beyond that road there is a triangular piece of land shown in the plan Exh. No. 4, which belongs to the Municipality. This triangle consists of portions of Survey Numbers 1684 and 1635 which were acquired by the Municipality for Cadell Road under a previous Notification. The distance between the southern frontage of the land in reference and Cadell Road is about seventy-five feet.

(3.) At the date of the Notification there were three structures on the land in reference. These were valued by the Land Acquisition Officer as materials, and the whole property was valued by him as vacant land. The Land Acquisition Officer awarded compensation for the northern frontage of 150 feet at the rate of Rs. 25 per square yard, and for the southern frontage of 230 feet at the rate of Rs. 18 per square yard. This gives an all overrate of Rs. 21.25 for the whole land. The claimant says that the compensation awarded is inadequate, and he claims Rs. 35 per square yard. On the other hand, the Government expert has sworn that the market value of the land in reference is not more than Rs. 16 per square yard.