JUDGMENT

G S Kulkarni, J. - These are two land acquisition references (LAR) under Section 18 of the LAND ACQUISITION ACT , 1894 (for short, "the L.A.Act" ). For convenience the contents of this judgment parawise would be as under:-

Paragraph nos.	Contents
2 to 19	Relevant facts in regard to the Land Acquisition
20 to 21	Issues
22 to 52	Submissions of Shri.Korde, learned Senior Counsel on behalf of the Claimant
53 to 54	Submissions of Shri.Godbole, learned Counsel on behalf of Acquiring Body BEST Undertaking.
55 to 64	Discussion
64 to 117	LAR 5 of 1990
118 to 130	L.A.R. No. 4 of 1990
131 to 136	Conclusion on determination of market value of the land
137 to 138	Award

2. The claimant in L.A.R. No.4 of 1990 is Majas Madhu Cooperative Housing Society (for short, "Majas CHS" ) and in L.A.R. No.5 of 1990, M/s.Tyabji Estates Pvt. Ltd. (for short, "Tyabji" ). The details of the land under acquisition in each of these references is as under:-

Land of the ownership of Majas CHS:-

Sr. No.	C.T.S. No.	Area notified for acquisition (in Sq. Mtrs.)
1.	18 pt.	8879.4
2.	19 pt.	407.1
		Total:- 9286.5

Land of the ownership of M/s. Tyabji:-

Sr. No.	C.T.S. No.	Area notified for acquisition (in Sq. Mtrs.)
1.	14 pt. (S.No.33)	6879.1
2.	166 A(pt.) (S.No.55/A (pt))	11277.1
		Total:- 18156.2

3. There is no dispute in regard to the ownership of the claimants in respect of these lands.

4. A notification dated 15 June 1987 came to be issued by the Additional Collector, Bombay Suburban District, under Section 126 (4) of the Maharashtra Regional Town Planning Act (for short 'the MRTP Act') read with Section 6 of the L.A.Act notifying the proposed acquisition of the lands for the public purpose namely for "Bombay Electric Supply & Transport (for short, "BEST" ) Bus Station and Bus Depot, at Jogeshwari and Vikhroli Link Road". This notification was published in the M.G.G. Part-I on 20 August 1987. This notification in paragraph one clearly indicates that the land subject matter of the notification (proposed to be acquired) was reserved for a public purpose as specified in the Schedule to the said notification namely for Bombay Electric Supply & Transport Undertaking for Bus-Station, Bus Depot on Jogeshwari-Vikroli Link Road at Jogeshwari (East). The extract of the notification reads thus:-

"By the Additional Collector, Bombay Suburban District, Bombay

No. C/DESK-IX/LAQ/(1987)/312 - Whereas, the Municipal Corporation of Greater Bombay (being the Planning Authority) has made an application to the State Government under sub-section (l) of section 126 of the MAHARASHTRA REGIONAL AND TOWN PLANNING ACT , 1966 (Mah. XXXVII of 1966) (hereinafter referred to as "the said Act") for acquiring the lands specified in columns 1, 2 and 3 of the schedule appended hereto (hereinafter referred to as "the said lands") which are reserved for the public purpose specified thereof (hereinafter referred to as, "the said public purpose") in the 'K' Ward Development Plan sanctioned by the State Government under the Government Notification, Urban Development. Public Health and Housing Department (No.TPB.4366/W, dated 7th July 1966) for the said public purpose under the LAND ACQUISITION ACT , 1894:

And whereas, under Government Notification, Urban Develop