K.K. Tated, J.

Heard the learned counsel for the parties. This is a Reference under section 18 of the Land Acquisition Act, 1894 (said Act) for detaining the compensation in respect of the acquired land.

2. Few facts of the matter are, as under:

The Dy. Chief Engineer, Construction, Metropolitan Transport Project (Railways), Vashi, Navi Mumbai had forwarded a proposal to the Collector, Mumbai Suburban District by letter dated 05.11.1996 for acquiring the claimant's land admeasuring 800.70 sq.mtr. from CTS No.90 (pt) of village Vikhroli, Tq. Kurla, Mumbai Suburban District for laying of 5th and 6th railway line between Kurla and Thane for Central Railways. Pursuant to the said request, the Special Land Acquisition Officer (SLAO), after following due process of law issued Notification under section 4 dated 1st September, 1997 of the said Act. Same was published in Government Gazette, Konkan Division Supplement dated 25.09.1997 at page Nos.704 and 705. Same was also published in daily news papers "Loksatta" dated 22.09.1997 and "Indian Express" dated 24.09.1997. Thereafter a public notice was posted at Chavdi on 14.10.1997, on notice board of Tahasildar's office on 17.10.1997, on the site of acquired land on 15.10.1997 and notice board in the Collector's Office on 18.10.1997.

3. After following due process of law, the SLAO issued Notification under section 6 of the said Act dated 01.01.1998 and same was published in Maharashtra Government Gazette, Konkan Division, (Supplement) dated 22.01.1998 at page Nos.92 and 93. It was also published in news paper known as "Navnagar" on 09.01.1998, "Indian Express" dated 12.01.1998 and in "Mahanagar" dated 10.01.1998 with corrigendum dated 06.02.1998. Same was also published on 23.07.1998 at chavdi, on 07.08.1998 on notice board of Tahasildar office, on 23.07.1998 on the site by the Talathi and on 22.07.1998 on the notice board in the Collector's Office. Thereafter, the SLAO issued notice under section 9(3)(4) of the said Act.

4. The situation and description of the acquired land, is as under:

"The land under acquisition is a strip shaped land running parallel to the existing Central Railway Land. The land is sandwitched between existing Railway Line and land used for Godrej Staff Quarters. It is practically open and levelled. There is no tree or well except the masonary compound wall to its west side. The land is situated in "Residential Zone" of revised sanctioned Development Plan of Greater Mumbai, it is at a distance of 800 to 900 mtrs. i.e. a walkable distance of @ 5 to 10 minutes from Vikhroli Station on Central Railway. The Eastern Express Highway is about 1/2 to 3/4 KM away from land under acquisition. The land under acquisition is surrounded by Godrej Co's land used for Staff Quarters and manufacturing purposes. The land under acquisition has access from the internal layout roads of Staff Quarters." (From Award)

5. Before the SLAO, the claimant, vide his letter dated 17.08.1998 has claimed that, the compensation should be paid as per the TDR rate of Rs.600/per sq.ft. which was at the time of issuing Notification under section 4 of the said Act. In the said letter, the claimant placed on record that, they require the acquired land for shifting their existing boundary wall to the revised boundary of their property and as such the Central Railway must shift and build the new compound wall at its own cost to the specifications as per the existing wall. In the alternative, the Central Railway to pay cost of construction of new wall. The claimant also by their letter dated 23.09.1998 placed on record the certified copy of agreement with M/s. Mayfair Housing Corporation, in support of their claimant @ Rs.600/per sq.ft. They also placed on record other relevant documents for fixing the market value of acquired land.

6. The acquiring body i.e. the Central Government has neither submitte