Anant Vasudeo Koshe and Others vs The Special Land Acquisition Officer

M.L. Dudhat, J.—All the aforesaid First Appeals arise out of acquisition proceedings in respect of lands situated at Asudgaon. Notification for Acquisition dated 3.2.1970 was published on 4.2.1970. The aforesaid lands were acquired for the development of public purpose at New Bombay. After completing all the formalities, the Land Acquisition Officer declared the award on 12.8.1983 and thereafter, on 20.9.1983, possession of the said lands were taken. The Land Acquisition Officer granted compensation at the rate of Rs. 3/- per sq. mtr. and also consequential reliefs. Against the aforesaid order of the Land Acquisition Officer, the claimants in all the aforesaid First Appeals, preferred the Land Acquisition References u/s 18 of the Land Acquisition Act. Respondents in First Appeal No. 1432 of 1988 and the appellants in First Appeal No. 1036 of 1989 preferred L.A.R. No. 57 of 1984. The respondents in First Appeal No. 1433 of 1988 and the appellants in First Appeal No. 1037 of 1989 preferred L.A.R. No. 27 of 1983 while Appellants in First Appeal No. 1037 of 1989 preferred L.A.R. No. 63 of 1984. In all these Land References, the trial Courts, after considering the evidence and arguments on both the sides, awarded Rs. 10/- per sq. mtr. and granted solatium at the rate of 30%. The trial Court also granted additional amount at the rate of 12% on market price u/s 23 and 23(1)(a). Against the aforesaid judgment and decree passed by the trial Court in various aforesaid Land Acquisition References, the claimants and the Government preferred the aforesaid First Appeals. Against the judgment and decree passed in L.A.R. No. 57 of 1984, the Government preferred an appeal, being First Appeal No. 1432 of 1988 and the claimants preferred an appeal, being First Appeal No. 1036 of 1989. Against the judgment and decree passed by the trial Court in Land Acquisition Reference No. 27 of 1983, the Government preferred First Appeal No. 1433 of 1988 and the claimants preferred First Appeal No. 1035 of 1989. Against the judgment and decree in L.A.R. No. 63 of 1984, the claimants have preferred First Appeal No. 1037 of 1989. All these First Appeals are in respect of the lands situated at village Asudgaon, Taluka Panvel, District Raigad. Though the appellants have preferred the First Appeals against the order passed in three different Land Acquisition References, we are disposing of these First Appeals by a common judgment and order.

It is contended by Mr. Hegade, the learned Counsel appearing on behalf of the original claimants in the aforesaid First Appeals, that in the unreported judgment dated February 25th/26th, 1993, Justice Puranik and Justice Moharir in First Appeal No. 754 of 1986 along with other appeals, awarded compensation to the adjoining lands, which are similarly situated, at the rate of Rs. 20/- per sq. mtr. He further contended that against the aforesaid decision of the Division Bench of this High Court, the State filed an appeal before the Supreme Court and the same was dismissed. In view of this, it is contended by Mr. Hegade that this Court may also grant compensation to the present claimants at the rate of Rs. 20/- per sq. mtr. He further contended that against the judgment and decree of the trial Court granting compensation at the rate of Rs. 10/- per sq. mtr. the claimants preferred the appeals and being layman, filed a claim in the said appeals at the rate of Rs. 15/- per sq. mtr. The claimants came to know the aforesaid judgment of the Division Bench of this High Court and, therefore, they are ready and willing to pay the additional Court Fees in the appeals in the event this Court decides to grant compensation more than what they have claimed in the appeals. To that extent, they also preferred separate applications and the same were granted by this Court. In short, the claimants in the aforesaid First Appeals, have claimed compensation at the rate of Rs. 20/- per sq. mtr. relying on the aforesaid judgment of the Division Bench of this High Court in First Appeal No. 754 of 1986.

On the other hand, Mr. Tated, the learned AGP, contended that the Division Bench of this High Court evaluated the compensation in respect of the lands which were situated at Asudgaon u/s 4 Notification as in the present case and granted compensation at the rate ranging from Rs. 10/- to Rs. 18/-. According to Mr. Tated, since the present lands also situate adjoining the lands in which this High Court has granted the aforesaid compensation in First Appeal No. 382 of 1984 and other companion appeals, the appellants-claimants in these First Appeals cannot get more compensation than what was awarded by the High Court in the aforesaid appeal. He further contended that in fact, according to the Government, the compensation granted by the trial Court is also in excess of the market price and the trial Court ought to have granted the compensation at the rate of Rs. 3/ - per sq. mtr. as awarded by the Land Acquisition Officer.

The aforesaid two rival contentions are subject-matter of these 5 First Appeals for our consideration.

Admittedly, the present lands are situated at Asudgaon, Taluka Panvel, District Raigad. The said lands are acquired for New Bombay Project. In the aforesaid unreported judgment cited by Mr. Hegade in First Appeal No. 754 of 1986 with other companion appeals, the Division Bench of this Court has discussed and scanned all the relevant evidence and fixed the value of the various lands on the basis of their distance from Mumbai-Pune Highway. It is true that the lands acquired in the aforesaid First Appeal are very near to the lands acquired in the present First Appeals. In the present First Appeals, the lands are acquired at Asudgaon while the lands acquired in the aforesaid First Appeal i.e. First Appeal No. 754 of 1986 are adjoining from village Kamote and Panvel. In the said judgment, the Division Bench, for the lands situate at the distance of 800 to 2200 metres from Mumbai-Pune Highway, granted the compensation at the rate of Rs. 20/- per sq. mtr. Admittedly, the present lands, if considered from the said reasoning, will come in the category of the aforesaid lands which were at the distance of 1600 metres from Mumbai- Pune Highway. Therefore, Mr. Hegade the learned Counsel for the claimants, contended that the claimants are entitled to get compensation at the rate of Rs. 20/- per sq.mtr. At this juncture, we have also to consider the other judgment given by the Division Bench of our High Court in First Appeal No. 382 of 1984 along with other companion appeals. If one goes meticulously through page 74 of the said judgment, the High Court in respect of the lands similarly situated as the present lands in these First Appeals, awarded compensation of Rs. 16/- to Rs. 20/- per sq. mtr. According to our opinion, we will have to follow the guidelines given in the judgment in First Appeal No. 382 of 1984 as the lands acquired in the said judgment were under the same Notification as acquired in the present land acquisition proceedings and also belonged to Village Asudgaon where the lands in these First Appeals are situated. After taking into consideration the distance of these lands from Highway which is about 1600 mtrs, from the Mumbai-Pune Highway, we are of the opinion that the claimants in the present First Appeals will be entitled to get compensation at the rate of Rs. 16/- per sq. mtr. on the basis of the reasoning given by the Division Bench of this High Court in First Appeal No. 382 of 1984. It is true that, by its judgment in First Appeal No. 754 of 1986, this High Court has granted compensation at the rate of Rs. 20/- per sq.mtr., but the said lands are situated in different village and, therefore, we have accepted the rate granted by the Division Bench of this High Court in First Appeal No. 382 of 1984.

In First Appeal No. 1035 of 1989 the claimants have claimed compensation towards 112 trees standing on the acquired lands. The Land Acquisition Officer granted Rs. 1654.65 as compensation towards the trees. However the trial Court in Land Acquisition Reference failed to grant any compensation only on the ground that these lands are being acquired for non-agricultural purpose. According to our opinion, even if the lands are acquired for non-agricultural purpose, the claimants are entitled to the compensation as the trees are standing on the said lands. However, taking into consideration the evidence on record, we grant an amount of Rs. 10,000/- towards the compensation of 112 trees standing on the said lands. The claimants, in these appeals, have also claimed compensation towards the well having 20 ft. diameter and 60 ft. depth. The claimants claimed a compensation of Rs. 10,000/- before the Land Acquisition Officer. However, the Land Acquisition Officer granted Rs. 500/-. The trial Court failed to grant any compensation for the well on the ground that the lands are being acquired for non-agricultural purpose. We think that some compensation ought to have been granted towards the well. According to our opinion, the claimants will be entitled to get an amount of Rs. 5,000/- towards the compensation of well. In view of this, First Appeal No. 1433 of 1988 filed by the Government is dismissed with costs. First Appeal No. 1035 of 1989 filed by the claimants is allowed. The judgment and decree passed by the trial Court in Land Acquisition Reference No. 27 of 1983 is set aside and the respondent is directed to pay compensation to the appellants-claimants for the land acquired at the rate of Rs. 16/- per sq. mtr. The respondent is further directed to pay interest u/s 28 of the Land Acquisition Act at the rate of 9% per annum on the said amount of compensation from the date of possession i.e. 20.9.1983 till realisation. The respondent is also directed to pay a compensation of Rs. 10,000/- towards the trees and Rs. 5,000/- towards the well over and above the compensation towards the lands as mentioned aforesaid. The claimants are also entitled to get benefit under Sections 23(1A) and 23(2) of the Land Acquisition Act. There shall be no order as to costs.

First Appeal No. 1036 of 1989 filed by the claimants is allowed. The judgment and order passed by the trial Court dated 29th February, 1988 in Land Acquisition Reference No. 57 of 1984 is set aside and the respondent is directed to pay compensation to the appellants-claimants for the lands acquired at the rate of Rs. 16/- per sq. mtr. Respondent is further directed to pay interest u/s 28 of the Land Acquisition Act at the rate of 9% per annum ori the said amount from the date of possession i.e. 20.9.1983 till realisation. The claimants are also entitled to get benefit under Sections 23(1A) and 23(2) of the Land Acquisition Act. There shall be no order as to costs.

In view of the above, First Appeal No. 1432 of 1988 filed by the Government is dismissed with no order as to costs.

In First Appeal No. 1037 of 1989, the claimants have also claimed compensation for the house property standing on the acquired lands. According to them, the area of the house property is about 800 sq. ft. and as per the claimants valuer, the valuation of the said property is Rs. 55,320/- and as against the same the Land Acquisition Officer granted an amount of Rs. 9,390/- towards the compensation of the said house property. In Land Acquisition Reference, the trial Court refused to grant any compensation towards the house property only on the ground that the land was being acquired for non-agricultural purpose. For the reasons stated in the other companion matters, according to our opinion, the claimants are entitled to get compensation for the house property also. After going through the oral and documentary evidence, according to our opinion, the claimants will be entitled to get compensation of Rs. 20,000/- towards the house property. In view of this, this appeal is allowed. The judgment and decree passed by the trial Court dated 29th February, 1988 in Land Acquisition Reference No. 63 of 1984 is set aside and respondent is directed to pay compensation to the appellants-claimants for the lands acquired at the rate of Rs. 16/- per sq. mtr. The respondent is further directed to pay interest u/s 28 of the Land Acquisition Act at the rate of 9% per annum, on the said amount of compensation from the date of possession i.e. 20.9.1983 till realisation. The respondent is also directed to pay an amount of Rs. 20,000/- towards the house property. The claimants are also entitled to get benefit under Sections 23(1A) and 23(2) of the Land Acquisition Act. There shall be no order as to costs.

The claimants have applied for compensation at the rate Rs. 15/ per sq. mtr., but this Court, by the present order, has granted Rs. 16/ per sq. mtr. The claimants shall be entitled to get Rs. 16/- per sq. mtr. of the acquired lands, provided the claimants pay the difference in the Court Fees within a period of 15 days from the date of this order.

The trial Court, is directed to calculate the amount of compensation payable to the claimants as per this judgment and order as expeditiously as possible and inform the claimants accordingly.