PRERANA PRABHU MHATRE Vs. PRERANA PRABHU MHATRE, SPECIAL LAND ACQUISITION OFFICER, METRO CENTRE NO 1

JUDGEMENT

(1.) First Appeal 757 of 2003 is preferred by the State against the Judgment and order dated 12. 1.2000 passed by civil Judge, Sr. Division, Panvel, Raigad. Civil application 514 of 2003 is for. stay. First Appeal no. ,1782 of 2002 is preferred by the Claimants before the land Acquisition Officer. The Claimants have also taken out Civil Application No. 1078 of 2004 for leading additional evidence. These are basically to bring on record certain judgments which have been passed after the award has been passed and arising out of the same notification and for the very sane public purpose.

(2.) In this appeal we propose to discuss and dispose of the major issues. The discussion herein is to be adopted in respect of the batch of other Appeals which are on board and which arise out of the same notification and in respect of lands which are located in Panvel, within Panvel Municipal Council. A few facvs may be noted. The notification under section 4 on Land acquisition Act was published in all these cases en 3.2.1970. The public purpose as set out was acquisition of land for CIDCO for residential, commercial and industrial purpose. Awards came to be passed in ail these cases. No application for enhancement in respect of amount awards was made under section 18 of the Land acquisition Act. On 29.4.1995, the Civil Judge, Senior Division, alibag, passed the judgment and award in- LAR 71 of 1982 and awarded compensation at a higher rate. On account of that various claimants applied under section 28a of the Land Acquisition Act for enhancement of market value. That was rejected. Claimant applied under section 28a (3) of the Land Acquisition Act pursuant to which reference was made. The State resisted the said applications for enhancement of. the market value. On behalf of the Appellants they examined Shri Ambaji Gopal mali, Power of Attorney holder, as also Shri M. G. Vaidya, architect and Government Approved Valuer. On behalf of the State they examined Shri Shankar Prabhakar the learned Civil Judge after considering the material on record awarded compensation at the rate of Rs. 5/- per sq. mt alongwith statutory payment The learned judge divided the land into four categories which are as under :

(3.) In the appeal preferred by the State basically three contentions have been urged which are as under,