STATE GOVERNMENT OF MAHARASHTRA Vs. BAMA CHANDAR BHAGAT

JUDGEMENT

(1.) These two Appeals can be conveniently disposed of by a common Judgment as the challenge in these two Appeals is to the same Judgment and Award dated 31st May, 1990 passed by the learned Joint Civil Judge, Senior Division, Raigad at Alibag in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act").

(2.) The acquisition relates to a land bearing Survey No.127, Hissa No.2 admeasuring 3946 sq.meters situated at Village Panvel, Taluka Panvel, District Raigad. A notification under section 4 of the said Act was issued on 3rd February, 1970 by which the said land was notified for acquisition for public purpose of setting up of satellite city of Navi Mumbai. An Award under Section 11 of the said Act was made on 20th November, 1981 by which market value was offered at the rate of Rs.4/- per sq.meter. As the Award was not accepted by the claimant, at his instance, a Reference under Section 18 of the said Act was made. By the impugned Judgment and Award, the Reference Court has fixed the market value at the rate of Rs.10/- per sq.meter and has granted statutory benefit of interest under Sections 23(1-A), 23(2) and (28) of the said Act to the claimant. In a Reference under Section 18, the claimant claimed compensation at the rate of Rs.30/- per sq.meter.

(3.) First Appeal No.734 of 1991 is preferred by the State of Maharashtra praying for quashing the impugned Judgment and Award and First Appeal No.235 of 1992 has been preferred by the claimant for seeking enhancement.