IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL

CIVIL

CIVIL APPELLATE JURISDICTION

APPELLATE JURISDICTION

APPELLATE JURISDICTION

FIRST

FIRST

FIRST APPEAL No.1285 OF 1996

APPEAL No.1285 OF 1996

APPEAL No.1285 OF 1996

1. Shri Shankar Marya Chimane, )

2. Shri Kolya Kathor Chimane, )

3. Shri Parshuram Kathor Chimane)

4. Shri Waman Kathor Chimane, )...Appellants

5. Shri Tukaram Kathor Chimane, ) ( Original

6. Smt. Bayabai Ananta Mundkar) claimants )

7. Smt. Janaki Kathor Chimane, )

Vs.

The Special Land Acquisition

)

Officer, Metro Centre No.1,

).. Respondent

Panvel, district Raigad.

)

Mr. N. V. Walawalkar, advocate for appellants.

Mr. S. N. Gawde, AGP for the respondent.

CORAM

CORAM

CORAM : Dr. S. RADHAKRISHNAN, J.

: Dr. S. RADHAKRISHNAN, J.

: Dr. S. RADHAKRISHNAN, J.

DATE

DATE

DATE : JUNE 15, 2006.

: JUNE 15, 2006.

: JUNE 15, 2006.

ORAL

ORAL

ORAL JUDGMENT

JUDGMENT

JUDGMENT :-

.

By this Appeal, the Appellants who

are

the

Original

Claimants,

are

challanging

the

Judgment

and

Order

dated

22-6-1994

of

the

Reference

Court,

passed

by

the

Second

Additional

District

Judge,

Raigad-Alibag, in a Land Acquisition

Reference.

2.

It appears that land of the

Appellants

were

acquired

for

New

Bombay

Project

and

the

Appellants’

land

is

situated

in

the

Village

Kamothe,

Taluka

Panvel.

The

said

land

was

acquired

for

the

New

Bombay

Project

by

the

Notification,

dated

3rd

February,

1970,

under

Section

4

of

the

Land

Acquisition

Act,

1894,

which

was

duly

published

in

the

- 2 -

Government

Gazette

and

the

Award

No.

48

was

passed

on

25th

July,

1986

by

the

Special

Land

Acquisition

Officer,

Metro

Centre

No.1,

Panvel.

It

appears

that

the

above

Special

Land

Acquisition

Officer

had

awarded

only

Rs.2/-

per

Sq.

meter.

Aggrieved

thereby

by

Applicants

preferred

a

Land

Acquisition

Reference

before

the

Reference

Court

for

enhancement

of

the

said

compensation.

The

Reference

Court

by

the

aforesaid

judgment

and

order

dated

22nd

June,

1994

had

enhanced

the

compensation

to

Rs.

14/-

per

Sq.

Mtr.

The

present

Appeal

has

been

filed,

challanging

the

above,

by

the

Appellants,

contending

therein

that

the

Appellants

are

entitled to claim a compensation at the

rate of Rs. 24/- per Sq. Mtr.

2.

Mr.

N. V.

Walawalkar, the

learned

Senior

Counsel

appearing

on

behalf

of

the

Appellants

fairly

pointed

out

that

on

the

very

same

notification,

i.e.

3rd

February,

1970,

issued

under

Section

4

of

the

Land

Acquisition

Act

1894,

pertaining

- 3 -

to

New

Bombay

Project

and

with

regard

to

the

land

from

the

same

village

Kamothe,

Taluka

Panvel,

a

Division

Bench

of

this

Court

in

First

Appeal

No.757

of

2003,

by

its

judgment

and

order

dated

31st

March,

2004,

had

classified

the

land

acquired,

into

three

groups.

The

first

group

of

lands

were

situated

within

750

Meters.

from

National

Highway,

wherein

the

Division

Bench

has

fixed

the

market

value

at

the

rate

of

Rs.28/-

per

Sq.

mtr.

The

second

group

wherein

the

lands

were

situated

between

750

to

1500

Meters.

from

the

National

Highway,

wherein

the

Division

Bench

has

fixed

market

value

at

the

rate

of

Rs.26/-,

per

Sq.

Mtr.

and

the

third

category

was

of

lands

beyond