Bombay High Court
Anant Vasudeo Koshe and others
Versus
Special Land Acquisition Officer
Decided On:

Headnote:Section 18-Compensation consideration of-Where the guidelines given in judgment in earlier first appeal, as the land acquired were under the same notification as acquired in present land acquisition proceedings where the lands in these first appeals are situated, then the claimant is entitled to compensation on the basis of reasoning given by Court in earlier first appeal-Admittedly, the present lands are situated at Asudgaon, Taluka Panvel, District Raigad. The said lands are acquired for New Bombay Project. In the aforesaid unreported judgment cited by Mr. H in First Appeal No. 754 of 1986 with other companion appeals, the Division Bench of this Court has discussed and scanned all the relevant evidence and fixed the value of the various lands on the basis of their distance from Mumbai-Pune Highway. It is true that the lands acquired in the aforesaid First Appeal are very near to the lands acquired in the present First Appeals. In the present First Appeals, the lands are acquired at Asudgaon while the lands acquired in the aforesaid First Appeal i.e., First Appeal No. 754 of 1986 are adjoining from village Kamote and Panfel. In the said judgment, the Division Bench for the lands situate at the distance of 800 to 2200 metres from Mumbai-Pune Highway, granted the compensation at the rate of Rs. 20/- per sq. mtr. Admittedly, the present lands if, considered from the said reasoning will come in the category of the aforesaid lands which were at the distance of 1600 metres from Mumbai Pune Highway. Therefore, Mr. M, the learned counsel for the claimants, contended that the claimants are entitled to get compensation at the rate of Rs. 20/- per sq. mtr. At this juncture, Court has also to consider the other judgment given by the Division Bench of our High Court in First Appeal No. 382 of 1984 along with other companion appeals. If, one goes meticulously through page 74 of the said judgment the High Court in respect of the lands similarly situated as the present lands in these First Appeals awarded compensation of Rs. 16/-to Rs. 20/- per sq. mtr. Court will have to follow the guidelines given in the judgment in First Appeal No. 382 of 1984 as the lands acquired in the said judgment were under the same notification as acquired in the present land acquisition proceedings and also belonged to village Asudgaon where the lands in these First Appeals are situated/After taking into consideration, the distante of these lands from Highway which is about 1600 mtrs. from the Mumbai Pune Highway, Court is of the opinion that the claimants in the present First Appeals will be entitled to get compensation at the rate of Rs. 16/- per sq. mtr. on the basis of the reasoning given by the Division Bench of this High Court in First Appeal No. 382 of 1984. It is true that by its judgment in First Appeal No. 754 of 1986, this High Court has granted compensation at the rate of Rs. 20/- per sq. mtr. but, the said lands are situated in different village and, therefore, Court has accepted the rate granted by the Division Bench of this High Court in First Appeal No. 382 of 1984.

       For Citation : 1998 Vol. 100(1) Bom LR 188 at pp.190, 191