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2018 Supreme(Bom) 276
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
K.K. TATED, SARANG V. KOTWAL, JJ.
Ashwin Ramaniklal Gosalia (Deceased) Through Legal Heirs : Sheela Ashwin Gosalia & Others – Appellants
Versus
The State of Maharashtra & Others – Respondents
First Appeal No. 21 of 2013
Decided On : 01-03-2018
For the Appellant :Rajesh S. Patil, Advocate.
For the Respondent:G.S. Hegde, C.M. Lokesh i/b. G.S. Hegde & Associates, Advocates, A. R. Patil, AGP.
Headnote:
Land Acquisition Act, 1894 – Section 18 - land value - Possession of the acquired land - aggregate the claimants made - claimed compensation - Special Land Acquisition Officer issued Notification u/s-4 of said Act for acquiring claimants land admeasuring from Hissa of village Dist- Thane for Bus Station and Depot- said Notification u/s-4 was published in official gazette on 16-09-1682- In 1985 individual notices were issued to claimants- In meanwhile claimants made representation to State Government for releasing their property from acquisition- On their representation Government released 1H 1-5R from acquisition- Government had decided to acquire total area of sq-mtr only - Pursuant to Notice u/s-9(3)(4) of said Act claimants submitted their claim by letter – Held, Plaintiffs as present Trustees of Trust for themselves and Trustees for time being of said Trust holding office as such Trustees and their successors and assigns hereby covenant with defendant that they shall as mentioned in said order dated August 25 1981 at all times hereafter keep a strip of land leading from Boisar Tarapore Road and shown in yellow color on said plan hereto annexed to remaining portion of land other than suit land and belonging to defendant and admeasuring about 3 acres equivalent to 11660 square meters or thereabouts unbuilt upon and open to sky as an approach road which remaining portion admeasuring about 11660 square meters is shown surrounded by a Red coloued boundary line on said Plan hereto annexed and described in Second Schedule hereunder with full power to Defendant her servants and agents and her executors administrators and permitted assigns and successors to have free access over said strip of land at all times - First Appeal stands disposed of
K. K. Tated, J.
1. Heard the learned counsel for the parties. By this appeal, the claimants are challenging the judgment and award dated 12.09.2012 passed by the Civil Judge, Senior Division Palghar in LAR No.1/2012 (Old LAR No.5/1988) awarding compensation in respect of the acquired land @ Rs.36 per sq.mtr. for 4500 sq.mtr. land, Rs.24/- per sq.mtr. for 13200 sq.mtr. land and Rs.18/- per sq.mtr. for 32150 sq.mtr. land instead of @ Rs.300/- per sq.mtr. as claimed by the claimant in Reference u/s.18 of the Land Acquisition Act, 1894 (said Act).
2. In the present proceedings, the Special Land Acquisition Officer issued Notification u/s.4 of the said Act for acquiring claimants' land admeasuring 5H 20R from Sy.No.102 Hissa No.A/1 of village Bosiar Tq. Palghar, Dist. Thane for Bus Station and Depot. The said Notification u/s.4 was published in official gazette on 16.09.1682. In 1985 individual notices were issued to the claimants. In the meanwhile the claimants made representation to the State Government for releasing their property from acquisition. On their representation the Government released 1H 1.5R from the acquisition. The Government had decided to acquire total area of 49850 sq.mtr. only. Pursuant to the Notice u/s.9(3)(4) of the said Act, the claimants submitted their claim by letter dated 07.07.1986 before the Land Acquisition Officer, Thane and claimed compensation @ Rs.300/- per sq. yard aggregating to Rs.1,92,48,000/-, Rs.2,49,44,708/- towards loss which they suffered and for road development along with 30% solatium and component. In aggregate the claimants made their claim before the Special Land Acquisition Officer to the tune of Rs.3,74,94,754/-.
3. After considering the evidence on record the Special Land Acquisition Officer declared the award dated 10.09.1987 and awarded sum of Rs.8,81,250/- towards the land value and Rs.56,795/- for structure. The Land Acquisition Officer in his award dated 10.09.1987 (Exhibit-104) described the land as under:
“4. Situation and Description:
The land under acquisition has been inspected by me on 11.11.1986. The land is situated in the north side of Boisar –Tarapur Road. it is very near from Boisar Railway Station on western Railway Line. The same is also near Tarapur MIDC estate and this area is developing very fast. There are two pacca construction, three huts and one latrine in the land under acquisition and the Executive Engineer has valued these constructions for Rs.56795.00”
4. The Special Land Acquisition Officer at the time of determining the value of the acquired land relied upon five sale instances and fixed the market value of the acquired land on the basis of the belting system. Paragraph 8 of the award reads thus:
8. Valuation : The sale statistics have been obtained from Talathi Bosiar on 20.02.86 and again on 11.11.86. There are only five sales of 1980 which are noted in the sales statistics as under:
M.E.No.
Date of Transaction
S. No. H. No.
Area in sq. mtrs.
Cost of lands Rs.
Average rate per sq. mtr. Rs.
(1) 1613
29/09/80
138 pt
76
18499/-
243.4
(2) 1623
11/07/80
53 pt
158
9000/-
57
(3) 1647
28/10/80
142/3pt
76
11000/-
144
(4) 1688
28/10/80
108 pt
1568
20000/-
33.6
(5) 1758
28/12/80
25/2 26/4
120000/-
76.53
Sales of 1981 to 1983 are not appearing in the said sale statistics. The sales of lands of this village are noted on the village map of Boisar and the said map is kept in this file. The above five sales are the sale of N.A. lands of village Boisar which are very high. The purchase rate of land under acquisition by the trust from Mrs. Irani comes to Rs.37.33 per sq.mtr. This land is situated in the heart of village Boisar and is very near to Boisar Railway Station as well as near the MIDC area of this village. This land is having normal level and is plane and can be utili
