2025:BHC-AS:46490 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by KANCHAN KANCHANVINOD V M I A N Y O E D KAR M D 2 1 0 8 a A 2 : t 3 Y e 5 2 : E .1 : K 5 0 2 A .2 R 9 CIVIL APPELLATE JURISDICTION +0530 FIRST APPEAL NO. 644 OF 2019 Yashwant Changu Bhagat ) Aged – 70 Years ) Residing at Nandgaon, )

Taluka – Panvel, District – Raigad ) ….. Appellant (Original Claimant)

VERSUS

1. The State of Maharashtra )

(Through the Special Land Acquisition)

Officer, Metro Centre No.3, ) New Panvel, Taluka Panvel, ) District Raigad ) 2. The District Collector )

Raigad-Alibag ) ….. Respondents (Original Opponents)

Mr. Sachin S. Punde a/w. Ms.Deepa Punde for the Appellant.

Mr. A. R. Patil, Additional G.P. for the State – Respondent Nos. 1 and 2.

CORAM : RAJESH S. PATIL, J.

DATE : 7 OCTOBER, 2025 ORAL JUDGMENT :-

1) This First Appeal filed under Section 54 of the Land Acquisition Act, 1894, (for short ‘the said Act’) challenges the Judgment and Award dated 3 October, 2009 passed by the Joint Civil Judge, Senior Division, Panvel in Land Acquisition Reference No. 237 of 2007.

2) I have heard learned advocate for the appellant and the Additional Government Pleader on behalf of the State.

3) In 1970, the Government of Maharashtra acquired large chunks of land in 96 villages of Raigad and Thane Districts for implementing ‘New Bombay Project’.

3.1) The appellants herein are the original claimants, who owned agricultural land bearing Survey No. 130, Hissa No. 1, admeasuring 01H 06R 00P (10,600 sq.mtrs) situated in Village Karanjade, Taluka Panvel, District Raigad which was also proposed to be acquired for setting up satellite tower of ‘New Bombay Project’. Notification under section 4 of the said Act was issued on 3 February, 1970 and thereafter declaration under Section 6 of the said Act was issued on 14 May, 1971. Subsequent thereto, an Award under Section 11 was declared on 17 September, 1986 thereby granting market value at Rs.0.25 paise and Rs.1.87 paise. The total compensation amount calculated was Rs.54,312.45 paise. On 16 October, 1986, the possession of subject land was handed over to the acquiring body.

3.2) Pursuant to an application made under Section 28-A of the said Act, by one Smt.Shardabai Ganesh Ojhe, an order dated 3 May, 1990 was passed in L.A.R. No. 325 of 1989, wherein for a land of Village Karanjade, she was granted rate of Rs.15/- per sq.mtr. by the Special Land Acquisition Officer (for short S.L.A.O.). Immediately thereafter within the statutory period of three months, the present applicant (original claimant) filed an application under Section 28-A (1) of the said Act, seeking compensation at the rate of Rs.15/- per sq.mtr. After hearing the applicant as per the provisions of Section 28- A(2) of the said Act, the S.L.A.O. by its award dated 28 May, 2007 granted compensation for Varkhas land @ of Rs.0.75 paise and for Kharib land @ of Rs.2.37 paise, thereby granted total amount of Rs.75,923/- included additional redetermined compensation after deducting amount of Rs.54,312/- being an award amount already granted under Section 11 of the said Act.

3.3) As the applicant was dissatisfied with the rate granted by the S.L.A.O., he challenged the said award passed on 28 May, 2007 by filing a reference application under Section 28-A(3) of the said Act, thereby claiming the market value @ of Rs.30/- per sq.mtrs. before the Land Acquisition Officer who in turn forwarded the same to the Court of Civil Judge, Senior Division, Panvel, District Raigad. The said reference was numbered as L.A.R. No. 237 of 2007.

3.4) Before the Civil Judge, Senior Division, Panvel, District Raigad in L.A.R.No. 237 of 2007, written statement was filed by the State dated 4 September, 2009 thereby denying the claim made by the original claimant. Subsequently, “Issues” were framed and the matter proceeded for leading evidence.

3.5) On behalf of the original claimant, the present appellant stepped into the witness box and led his evidence. He produced certified copies o