SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Bom) 871

2008(4) ALL MR 856
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SWATANTER KUMAR, C.J. & V. M. KANADE, JJ.
State of Maharashtra & Ors. - Appellant
Vs.
Shri. Vithu Kalya Govari & Ors. - Respondent
Civil Application No.3200 of 2007
(For Condonation of Delay)
ALONG WITH Civil Appln. No.3201 of 2007 (For Stay)
IN First Appeal SI. No. I 1231 of 2007
IN L.A.R. No.23 of 2002
ALONG WITH Civil Appln. No.5442 of 2007
(For Condonation of Delay)
ALONG WITH Civil Appln. No.5443 of 2007 (For Stay)
IN First Appeal St. No.22703 of 2007 IN L.A.R. No.8 of 2004
ALONG WITH Civil Appln. No.3202 of 2007
(For Condonation of Delay)
ALONG WITH Civil Appln. No.3203 of 2007 (For Stay)
IN First Appeal St. No.ll234 of 2007
IN L.A.R. No.38 of 2002
ALONG WITH Civil Appln. No.3204 of 2007 (For Condonation of Delay)
ALONG WITH Civil Appln. No.3205 of 2007 (For stay)
IN First Appeal St. No.1 1238 of 2007
IN L.A.R. No.39 of 2002
ALONG WITH Civil Appln. No.3206 of 2007 (For Condonation of Delay)
ALONGWITH Civil Appln. No.3207 of 2007 (For stay)
IN First Appeal St. No.11227 01'2007
IN L.A.R. No.43 of 2002
ALONG WITH Civil Appln. No.3208 of 2007 (For Condonation of Delay)
ALONG WITH Civil Appln. No.3209 of 2007 (For stay)
In First Appeal St. No. 11222 of 2007 IN L.A.R. No.25 of 2003
Devided On: 26th June, 2008.

Advocates appeared
Ms. G.P. MULEKAR, Assistant Government Pleader for Applicant-State.
Mr. S.G. SURANA, for Non-Applicants (Claimants).
Mr. U.P. WARUNJIKAR for Non-Applicants (Claimants) in Civil Application Nos.5442 of 2007 and 5443 of 2007.

Headnote:Land Acquisition Act, 1894 - Sections 4, 6, 11, 18 and 28-A-Appeal-Delay in filing.-There is not even an iota of explanation rendered for complete non-co-operation and inordinate delay of more than two years. In fact, in one case, there is not even an indication as to what steps were taken with effect from 29th June, 2005 to 3rd March, 2007 i.e. for nearly two years in C.A. No. 3200 of 2007 while with effect from 24th June, 2005 to 15th May, 2007 in C.A. No. 5422 of 2008, there is not even an averment in that action or step was taken by any concerned authority during this long period which ultimately resulted in delay of more than 2 years and 45 days in filing of these appeals. Somebody has to own this responsibility. It is expected of the competent authority to fix responsibility of the erring officer/officials and to provide proper guidelines.

SWATANTER KUMAR, C.J.:-

All the above mentioned appeals have been preferred by the State of Maharashtra against the judgment and award of the reference court and are barred by time. The State has filed applications for condonation of delay on somewhat similar explanation in all these cares. Thus, it would be appropriate to dispose of all these applications and the appeals by a common judgment. The relevant facts giving rise to the present appeals are (reference is made to the facts of First Appeal Stamp No.11231 of 2008 and First Appeal Stamp No.22703 of 2008, as under. The State Government issued a notification under section 4 of the Land Acquisition Act, here in after referred to as the Act, on 3rd February, 1970. In furtherance to this notification, declaration under section 6 was published in the official gazette on 11.1.1973. The State Government took possession of the lands in the year 1984. In accordance with the provisions of the Act, the Special Land Acquisition Officer made his award under section II of the Act on 10.8.1984. The lands in all these cases were acquired from the revenue estate of village Panvel. The SLAG awarded compensation to the claimants for acquisition of all their lands between Rs.1.50 to Rs.5.00 per sq. meter. The claimants being dissatisfied with the compensation awarded to them, preferred reference under section 18 of the Act in LAR No.8 of 2004 out of which First Appeal Stamp No.22703 of 2007 has arisen, while the other claimants in other land references viz. 23 of 2002, 38 of 2002, 39 of 2002. 43 of 2002 and 2S of 2003 did not prefer references under section 18 of the Act but after making of the awards under section II of the Act. Moved petitions under section 28-A of the Act before the SLAO (Collector) who made an award on 6.3.2001. Being dissatisfied with the award made by the SLAO, the claimants made the above five references to the reference court which passed an award and judgment dated 4.11.2004, giving rise to the appeals being First Appeal stamp Nos.1123l of 2007,11234 of 2007,11238 of 2007, 11227 of 2007 and 11222 of 2007.

2. Before the learned reference court in all the land references, the case of the claimants was that Panvel-Diva Railway line has started and resultantly, Panvel city was developing. The potential of their land, thus, had gone up at the time of acquisition. They further contended that they had also placed sale instances before the Special Land Acquisition Officer showing that the land was sold even in the year 1967 at the rate of Rs.23.92 (4.5) per sq. meter which fact was recorded by the reference court. Evidence was also led on record to show that CIOCO let out the lands at the rate of Rs.60/- per sq.mtr. by laying the plots. On these, the claimants under Section IS, claimed compensation at the rate of Rs40/- per sq. mtr. They had also examined Smt. Joshi. valuer as PW-3 and her statement Exhibit 17 supported the case of the claimants. They also examined the valuer Anil Wandre who supported the market value claimed by the claimants. In petitions under Section 2S-A, the claimants prayed that their lands were situated within the limits of Pan vel and/or Mumbai Pune Highway and Panvel-Matheran road are near to the lands in question and there was tremendous growth of industrial activity and the potential of the land of the petitioners was immense. Amenities like school college, market, hospital were available nearby the acquired lands. The references under section 2S-A were filed within time and they had relied upon the statement of PW-I Ambaji Gopal Mali, Power of Attorney holder of the claimant and were decided by the Civil Judge, Senior Division, Panvel fixing the value of the land ranging between Rs.32/- to Rs.3S/- per sq.mtr. of various lands in the vicinity and on this basis, the claimants claimed compensation at the rate of Rs.60/- per sq. mtr. The learned reference court decided all the petitions filed before the court under Section 2S-A by a common judgment a

































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top