Judgment

R.V. RAVEENDRAN, J.

1. Leave granted.

2. Lands belonging to Ambya Kalya Mhatre (`A.K.Mhatre' for short, now represented by his LRs.) situated at Dapoli village, Panvel taluk, Raigad district, bearing Sy. Nos.89/1, 85/1, 27/1, 41/1B, 41/1A, 152/3, 155/7, 18/7, 89/3, 23/2 and 99/1 in all measuring 1.73.6 Hectares (17360 sq.m.) with a large number of fruit bearing trees and a well therein, were acquired for New Bombay project in pursuance of preliminary notification dated 3.2.1970 (read with corrigendum dated 5.9.1970) and final notification dated 29.7.1979.

3. The special Land Acquisition Officer (for short `the Collector') awarded the following compensation by award dated 4.7.1986:

S.No. Description Market value Solatium (30%) Additional amount Total

@ 12% per annum

1. Land Rs.24,898.32 Rs.7469.49 Rs.49,049.69 Rs.81,417.50

2. Trees Rs.83,629.00 Rs.25,088.70 Rs.1,65,586.40 Rs.2,74,303.10

3. Well Rs.500.00 Rs.150.00 Rs.990.00 Rs.1,640.00

Possession of the land was taken on 9.9.1986. Not being satisfied with the compensation awarded, A.K.Mhatre made an application dated 10.11.1986 under section 18 of the Land Acquisition Act, 1894 (`Act' for short) to the Special Land Ac