Bombay High Court
The State Of Maharashtra vs Nana Bal Patil @ Rane on 10 September, 2012
Author: A.S. Oka
Bench: A.S. Oka, Sadhana Jadhav
ash 1 fa-987.03-group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 987 OF 2003
WITH
CROSS OBJECTION STAMP NO.20784 OF 2012 IN FA NO.987 OF 2003
WITH
FIRST NO.988 OF 2003
WITH
CROSS OBJECTION STAMP NO.19668 OF 2012 IN FA NO.988 OF 2003
WITH
FIRST APPEAL NO. 989 OF 2003
ig WITH
CROSS OBJECTION STAMP NO.20781 OF 2012 IN FA NO.989 OF 2003
WITH
FIRST APPEAL NO.990 OF 2003
WITH
FIRST APPEAL NO.991 OF 2003
WITH
FIRST APPEAL NO.992 OF 2003
WITH
CROSS OBJECTION STAMP NO.21027 OF 2012 IN FA NO.992 OF 2003
WITH
FIRST APPEAL NO.993 OF 2003
WITH
CROSS OBJECTION STAMP NO.19628 OF 2012 IN FA NO.993 OF 2003
WITH
FIRST APPEAL NO.994 OF 2003
WITH
CROSS OBJECTION STAMP NO.19670 OF 2012 IN FA NO.994 OF 2003
WITH
FIRST APPEAL NO.995 OF 2003
WITH
CROSS OBJECTION STAMP NO.21024 OF 2012 IN FA NO.995 OF 2003
WITH
FIRST APPEAL NO.135 OF 2003
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FA NO.987 OF 2003
The State of Maharashtra. .. Appellant
Vs
1. Nana Bal Patil @ Rane,
(deceased) through heirs
2. Savlaram Nana Patil @ Rane, Adult,
(name omitted vide below exh.10)
Both R/o. Morbe, Tal. Khalapur,
Dist. Raigad. .. Respondents
(Org. Claimants )
--
WITH
CROSS OBJECTION STAMP NO.20784 OF 2012
The State of Maharashtra. .. Appellant
Vs
Nana Bal Patil @ Rane,
(deceased) through heirs
1. Savlaram Nana Patil @ Rane, Adult,
(name omitted vide below exh.10)
Both R/o. Morbe, Tal. Khalapur,
Dist. Raigad.
2. Smt. Janabai nana Patil @ Rane. .. Respondents
(Org. Claimants )
--
FA NO.988 OF 2003
The State of Maharashtra. .. Appellant
Vs
1. Haribhau Dama Mirkute, )
2. Maruti Dama Mirkute, )
Since deceased through legal heirs- )
2/1 Smt. Shewantabai Maruti Mirkute, )
2/2 Shivaji Maruti Mirkute, )
2/3 Harichandra Maruti Mirkute, )
2/4 Smt. Salabha Atul Patil, )
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2/5 Smt. Radhabai Baliram Hadap, )
3. Smt. Sitabai Hiru Rane, )
4. Smt. Devkubai Vitthal Patil. ).. Respondents
(Org. Claimants)
WITH
CROSS OBJECTION STAMP NO.21858 OF 2012
The State of Maharashtra. .. Appellant
Vs
1. Haribhau Dama Mirkute, )
2. Maruti Dama Mirkute, )
Since deceased through legal heirs-
ig )
2(1) Smt. Shewantabai Maruti Mirkute, )
2(2) Shivaji Maruti Mirkute, )
2(3) Harichandra Maruti Mirkute, )
2(4) Smt. Sulbha Atul Patil, )
2(5) Smt. Radhabai Baliram Hadap, )
3. Smt. Sitabai Hiru Rane, )
4. Smt. Devkubai Hiru Rane. ).. Respondents
--
F.A. NO.989 OF 2003
The State of Maharashtra. ).. Appellant
Vs
Nana Bal Patil, )
(Deceased through Heirs) )
1. Savlaram Nana Patil @ Rane, Adult, )
2. Smt. Janabai Nana Patil @ Rane, ).. Respondents
-
WITH
CROSS OBJECTION STAMP NO.20781 OF 2012
The State of Maharashtra. ).. Appellant
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Vs
Nana Bal Patil @ Rane )
(deceased through LRs) )
1. Savlaram Nana Patil @ Rane, )
2. Smt. Janabai Nana Patil @ Rane, )
(name deleted vide order below )
Exhibit-10 in L.C.) )
R/o. Village Morbe, Taluka Khalapur,)
District - Raigad. ).. Respondents
-
F.A. NO.990 OF 2003
The State of Maharashtra. ).. Appellant
VS
Jayram Anant Patil. ).. Respondent
-
F.A. NO.991 OF 2003
The State of Maharashtra. ).. Appellant
Vs
Anant Arjun Patil ).. Respondent
-
F.A. NO.992 OF 2003
The State of Maharashtra. ).. Appellant
Vs
Shri Babu Krishna Patil, )
(Since deceased through his legal heirs:- )
1. Shri Kashinath Babu Rane (Patil) )
2. Smt. Narmada Haribhau Gharat )
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3. Smt. Shewantabai Bapy Malkar, )
4. Smt. Manjulabai Shankar Mirkute, )
Age 60 years, Daughter, )
R/o. Mahad, Tal. Khalapur, )
Dist. Raigad. ).. Respondents
(Org. Claimants )
-
WITH
CROSS OBJECTION STAMP NO.21027 OF 2012
The State of Maharashtra. ).. Appellant
Vs
Shri Babu Krishna Patil,
ig )
(Since deceased through his legal heirs:- )
1. Shri Kashinath Babu Rane (Patil) )
2. Smt. Narmada Haribhau Gharat )
3. Smt. Shewantabai Bapy Malkar, )
4. Smt. Manjulabai Shankar Mirkute, )
Age 60 years, Daughter, )
R/o. Mahad, Tal. Khalapur, )
Dist. Raigad. ).. Respondents
(Org. Claimants )
-
F.A. NO.993 OF 2003
The State of Maharashtra. ).. Appellant
Vs
Dama Kamji Mirkute (deceased) )
1/A. Haribhau Dama Mirkute, )
1/B. Maruti Dama Mirkute, Adult, )
(deceased through legal heirs) )
2/B-1) Smt. Shewantabai Maruti Murkute,)
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2/B-2) Shivaji Maruit Mirkute, )
2/B-3) Harishchandra Maruti Mirkute, )
2/B-4) Smt. Sulbha Atul Patil, )
2/B-5) Smt. Radhabai Baliram Hadap, )
No.1/A. Through the power of attorney )
Parshuram Haribhau Mirkute, )
R/o. Morbe, Tal. Khalapur, )
Dist. Raigad. )
3. Babu Krishna Patil, Adult, )
through power of attorney, )
Shri Kashinath Babu Patil,
ig )
R/o. Morbe, Tal. Khalapur, )
Dist. Raigad. )
WITH
CROSS OBJECTION STAMP NO.19628 OF 2012 IN FIRST APPEAL
NO.993 OF 2003
The State of Maharashtra. ).. Appellant
Vs
Dama Ramji Mirkute )
Since deceased per Lrs. )
1/A. Haribhau Dama Mirkute, )
1/B. Maruti Dama Mirkute, Adult, )
(deceased through legal heirs) )
2/B-1) Smt. Shewantabai Maruti Murkute,)
2/B-2) Shivaji Maruit Mirkute, )
2/B-3) Harishchandra Maruti Mirkute, )
2/B-4) Smt. Sulbha Atul Patil, )
2/B-5) Smt. Radhabai Baliram Hadap, )
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No.1A Above through )
the power of attorney )
Parshuram Haribhau Mirkute, )
R/o. Morbe, Tal. Khalapur, )
Dist. Raigad. )
3. Babu Krishna Patil, Adult, )
Since deceased per Lrs: )
3/1 Sou. Nanubai haribhau Patil, )
3/2 Smt. Shevantabai Bapu Malkar, )
3/3 Smt. Kashinath Bapu Rane/Patil, )
3/4 Sou. Manjulabai Shankar Mirkute.
ig ).. Respondents
(Org. Claimants )
FIRST APPEAL NO. 994 OF 2003
The State of Maharashtra. ).. Appellant
Vs
1. Haribhau Dama Mirkute, Adult, )
2. Maruti Dama Mirkute, Adult, )
(deceased through legal heirs) )
2/1 Smt. Shewantabai Maruti Murkute, )
2/2 Shivaji Maruit Mirkute, )
2/3 Harishchandra Maruti Mirkute, )
2/4 Smt. Sulbha Atul Patil, )
2/5 Smt. Radhabai Baliram Hadap, )
3. Smt. Sitabai Hiru Rane, Adult, )
4. Smt. Devakubai Vitthal Patil. ).. Respondents
(Org. Claimants )
-
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WITH
CROSS OBJECTION STAMP NO.19670 OF 2012 IN FA NO.994 OF 2003
The State of Maharashtra. ).. Appellant
Vs
1. Haribhau Dama Mirkute, Adult, )
2. Maruti Dama Mirkute, Adult, )
(deceased through legal heirs) )
2/1 Smt. Shewantabai Maruti Murkute, )
2/2 Shivaji Maruit Mirkute,
ig )
2/3 Harishchandra Maruti Mirkute, )
2/4 Smt. Sulbha Atul Patil, )
2/5 Smt. Radhabai Baliram Hadap, )
3. Smt. Sitabai Hiru Rane, Adult, )
4. Smt. Devakubai Vitthal Patil. )
Since deceased per Lrs. )
4/1 Sou. Kantabai Krishna Thakur )
@ Kumari Kantabai Vitthal Patil, )
4/2 Shri Narhari Vitthal Patil, )
4/3 Shri Vasudeo Vitthal Patil, )
4/4 Sou. Narmada Dattatray Raut, )
4/5 Sou. Bhimabai Devidas Shrikhand, )
4/6 Shri Harishchandra Vitthal Patil, ).. Respondents
(Org. Claimants )
--
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FIRST APPEAL NO.995 OF 2003
The State of Maharashtra. ).. Appellant
Vs
Shri Babu Krishna Patil, )
(Since deceased through her legal heirs:- )
1. Shri Kashinath Babu Rane (Patil) )
2. Smt. Narmada Haribhau Gharat )
3. Smt. Shewantabai Bapy Malkar, )
4.
Smt. Manjulabai Shankar Mirkute,
Age 60 years, Daughter,
)
)
R/o. Mahad, Tal. Khalapur, )
Dist. Raigad. ).. Respondents
(Org. Claimants )
WITH
CROSS OBJECTION STAMP NO.21024 OF 2012 IN FIRST APPEAL
NO.995 OF 2003
The State of Maharashtra. ).. Appellant
Vs
Shri Babu Krishna Patil, )
(Since deceased through his legal heirs:- )
1. Shri Kashinath Babu Rane (Patil) )
2. Smt. Narmada Haribhau Gharat )
3. Smt. Shewantha Bapy Malkar, )
4. Smt. Manjula Shankar Mirkute, ).. Respondents
(Org. Claimants )
-
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FIRST APPEAL NO.135 OF 2003
Shri Anant Arjun Patil-Rane, )
Aged Adult, Occ. Agriculture )
R/o. Morbe, Tal. Khalapur, )
District - Raigad. ).. Appellant
(Org. Claimant )
Vs
The Special Land Acquisition Officer, )
Kal Project, Roha, District - Raigad. ).. Respondent
-
Shri A.R. Patil, AGP for the State in all the matters.
Shri N.V. Bandiwadekar with Shri Sagar Mane for the Appellant in FA
Nos.135 of 2003 and Respondent No.1 in FA Nos.987, 988, 989, 990,
991 and 994 of 2003 and Respondent Nos.1 to 4 in FA Nos.992 of 995
of 2003 and Respondent No.1A in FA No.993 of 2003.
Shri P.K. Dhakephalkar and Shri Niranjan Shimpi for Respondent
Nos.2/1 to 2/5 in FA No.988 of 2003 with X-Objection and FA Nos.993
of 2003 and 994 of 2003.
--
CORAM : A.S. OKA & SMT.SADHANA JADHAV, JJ
DATE : 10TH SEPTEMBER, 2012
ORAL JUDGMENT (PER A.S. OKA, J )
. On the earlier date, we had heard submissions of the learned AGP appearing for the State of Maharashtra and the learned counsel appearing for the original Claimants. The challenge is to the common Judgment and Order dated 6th December, 2000 passed by the learned Additional District Judge, ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 11 fa-987.03-group Raigad at Alibag by which the References under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as "the said Act") were decided.
2. The notification under Section 4(1) of the said Act was published on 26th November, 1987. The acquired lands are situated at village Morbe, Taluka - Khalapur, District - Raigad.
The purpose of acquisition was for construction of Morbe Dam.
The Award under Section 11 of the said Act was made on 3 rd September, 1999. The market value at the rates of Rs.4/- to Rs.5/- per sq. meter has been offered under the Award. The Claimants did not accept the market value and, therefore, at their instance, the references under Section 18 of the said Act were made. The market value was claimed by them at the rate of Rs.100/- per sq. meter. By the impugned Judgment and Order, the market value has been fixed at the rate of Rs.20/- per sq. meter and 60% of the amount of compensation has been made payable to the tenants in case of tenanted land.
3. The learned AGP appearing for the State of Maharashtra submitted that the Reference Court has relied upon ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 12 fa-987.03-group only one sale instance of the Sale Deed dated 7 th March, 1980 in respect of the land at village Chowk. He pointed out that on the date of the said notification under Section 4 of the said Act, the acquired lands were situated far away from the Pune-Mumbai National Highway and the aforesaid sale instance is of a developed non-agricultural plot. He submitted that firstly the land subject matter of the Sale Deed is not situated in the same village and secondly, the Sale deed is in respect of a developed non-
agricultural plot. Moreover, on the relevant date, the acquired lands were agricultural lands with no direct access and the acquired lands are far away from the sale deed land which is at a prime spot in village Chowk. Hence, the sale instance is not at all comparable. He submitted that if the said sale instance is kept out of consideration, the case is of no evidence. He submitted that the burden was on the Respondents Claimants to prove that the market value offered by the Special Land Acquisition Officer was inadequate. He submitted that no reliance could be placed on the sale instances relied upon by the Special Land Acquisition Officer unless the same were produced and proved before the Reference Court.
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4. Learned counsel appearing for the Respondents Claimants submitted that even perusal of the Award made under Section 11 of the said Act will show that there were no instances of sale of the lands in the same village as the fact that the lands in the said village were likely to be acquired for construction of dam was known for several years. He submitted that there is enough evidence on record to show that the acquired lands had non-
agricultural potential and there was all around growth near the village. He invited the attention of the Court to the evidence of the Respondents Claimants as well as the evidence of the expert witness. He submitted that due to impending acquisition, there were no sale instances of the sale of the lands in the same village and therefore, the Claimants cannot be blamed. He urged that in the circumstances, the sale instances of lands in the adjoining villages were required to be considered. He submitted that the village Morbe is a part of group Grampanchayat of village Chowk and the market value reflected from the sale instance of 1980 is Rs.64/- per sq. meter. He urged that judicial notice will have to be taken of the fact that there was a steady increase in the market value of the lands in the village Morbe. He submitted that even if a rise is taken at the minimum rate of 10% per year, taking the rise ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 14 fa-987.03-group on cumulative basis, the market value of the acquired land will be not less than Rs.100/- per sq. meter. He placed reliance on a decision of the Division Bench of this Court in the case of State of Maharashtra v. Trimbak Joma Thakur, deceased through L.Rs.
Dasharath Trimbak Thakur & Others [ 2007(5) Mh.L.J. 187]. He, therefore, urged that the Appeals preferred by the State Government will have to be dismissed and the Cross Objections/Appeals preferred by the Claimants will have to be allowed by granting market value at the rate of Rs.100/- per sq. meter.
5. We have given careful consideration to the submissions. We have perused the record of the cases. It is well settled principle that the Award made under Section 11 of the said Act is in the nature of an offer and the Claimants in the Reference under Section 18 of the said Act are in position of the Plaintiffs in a civil suit. The burden is on the Claimants to prove that the market value offered by the Award under Section 11 of the said Act is inadequate. Therefore, if the Claimants desire to rely upon any sale instances, they are under an obligation to produce and prove the sale instances before the reference Court.
6. The learned counsel appearing for the Claimants relied ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 15 fa-987.03-group upon certain statements in the Award for contending that there were no sale transactions during the relevant period in respect of the lands in the said village. He has also relied upon the evidence of the Claimant Savlaram Nana Patil. From the statements in the Award, it does appear that there were no sale transactions in the village at the relevant time.
7. If there are no sale instances of the comparable lands in the same village in which the acquired lands are situated, reliance can be always placed on the sale instances of the comparable lands in the adjoining villages. Perhaps that is the reason why the reliance is placed by the Claimants on the sale instance dated 7th March, 1980 in respect of the land bearing Survey No.44, Hissa No.3, situated at village Chowk admeasuring 3000 sq. feet. Perusal of the Sale Deed (Exhibit-33) shows that the agreed consideration is stated to be Rs.18,000/-. The Sale Deed recites that out of the larger area of Survey No.44 Hissa No.3, a part has been converted into non-agricultural use under the order dated 19th February, 1980. The Claimants have examined one Mahadu Sitaram Prabalkar for proving the said sale instance. The said Mahadu stated that he was the owner of the ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 16 fa-987.03-group land bearing No.44/3 and he sold the land admeasuring 2.75 Gunthas for the price of Rs.25,000/- to the purchasers Shri Shrikrishna and Baliram Bhivapurkar. He stated that in order to save on stamp duty, less amount (Res.18,000/-) is shown in the Sale Deed as the price. He proved the execution of the Sale Deed.
In the cross-examination, he stated that the plot subject matter of the Sale Deed was adjacent to the village Chowk Bus Stand and it was near Pune-Mumbai National Highway. He stated that the plot was of a non-agricultural land. In fact, he stated that there were non-agricultural plots created and the plot sold was one of the said plots. In the cross-examination, he admitted that there is no documentary evidence to show that the amount of consideration was fixed at Rs.25,000/-. The learned Trial Judge noted that by taking consideration at Rs.18,000/-, the market value reflected from the said Sale Deed was Rs.64.50 ps per sq. meter. In view of the admission in the cross-examination of the said witness that there was no evidence to show that the consideration was fixed at Rs.25,000/-, the consideration of Rs.18,000/- shown in the Sale Deed will have to be taken as the price of the plot sold under the Sale Deed at Exhibit - 33. Infact, the witness admitted in the cross-examination that the amount of Rs.18,000/- was received by ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 17 fa-987.03-group him in cash from the purchaser. It must be noted here that the sale transaction of 7th March, 1980 is in respect of a plot out of non-agricultural lay out plots. Moreover, the plot was adjacent to the village Chowk Bus Depot and near Pune-Mumbai National Highway. The relevant date in the present case is 26 th November, 1987.
8. The evidence of Savlaram, the Claimant as well as the evidence of the said Mahadu brings on record the undisputed fact that the village Morbe is situated within the limits of the group Grampanchayat Chowk. The witness Savlaram stated that the Pune-Mumbai National Highway is situated at a distance of ½ kms from the acquired land. The Karjat Railway Station is situated at a distance of 5 to 6 kms from the acquired lands, Khopoli Railway Station is situated at a distance of 9 to 10 kms from the acquired lands and Karjat-Pune Road is situated at a distance of ½ kms from the acquired lands. He deposed regarding existence of industrial area at Patalganga. He stated that it is 5 to 6 kms away from the acquired lands. He stated that Vithoba Industrial Estate situated at Khopoli is at a distance of 5 to 6 kms from the acquired lands and the area of New Mumbai is at a distance of 7 to 8 kms from ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 18 fa-987.03-group the acquired lands. He stated that all facilities such as State Transport Bus Stand, School upto 10 th standard, big Market and Small Factories were available in the village Chowk before 1987 and the village Chowk is situated at a distance of ½ kms from the acquired lands. He stated that on the acquired lands, paddy crop was taken twice in a year due to irrigation facilities of Bilavali Dam. He stated that there were bandhs of having height of 1 to 1 and ½ feet around the acquired lands.
9. At this stage, it will be necessary to make a reference to the evidence of Manohar Gopal Vaidya, an Expert Valuer, examined by the Claimants. He visited the acquired land in the year 1991.
he stated that the acquired lands were paddy crop lands and there are lands of paddy crop on all the four sides of the land acquired.
He stated that the villagers in Morbe village were dealing in agricultural work and there was no industrial plant in the village in the year 1987 when the notification was issued. He stated that except in gaothan area in the village, there was no construction.
He admitted that the village Morbe was not situated adjacent to Chowk Karjat Road and the villagers of village Morbe were depending on Karjat for civic amenities. We must note that the ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 19 fa-987.03-group witness stated that Karjat Railway Station is at a distance of 5 to 6 kms from the acquired lands.
10. Thus, scenario which emerges from the evidence of the witnesses examined by the Claimants is that the acquired lands were paddy lands which were surrounded by paddy lands from all the four sides. The acquired lands were not abutting the Chowk-
Karjat Road and were situated at a distance of 1km to 1 and ½ kms from Pune Mumbai National Highway. As there were paddy lands around the acquired lands, obviously, a road was available to reach the acquired lands through the bandhs ( a small platform between two fields) on the agricultural fields. The witness Savlaram admitted in the cross-examination that the acquired land was surrounded by paddy lands and the approach to acquired land was from the bandh of other fields. Moreover, he admitted that the acquired lands had no direct frontage on Karjat Panvel Road which was at a distance of 100 to 150 feet from the acquired lands. What can be gathered from the evidence is that there was no non-agricultural development in the year 1987 in the village Morbe. However, there was non-agricultural development of lands in the vicinity of the village Morbe. In the circumstances, it ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 20 fa-987.03-group is possible to say that there was some non-agricultural potential available in respect of the acquired lands.
11. We have already noted that around the relevant date, there were no sale instances of the lands situated at village Morbe.
The sale instance at Exhibit-33 relied upon by the Claimants is in respect of a non-agricultural plot at village Chowk which was already converted for non-agricultural use under the order of the Competent Authority. Moreover, the plot was situated adjacent to the Bus Depot at Chowk as well as Pune-Mumbai National Highway. The plot was admeasuring about 3000 sq. feet. As far as the acquired lands are concerned, the area ranges from 1200 sq. meters to Rs.1,04,830/- sq. meters. We have already pointed out that on the relevant date i.e. in November 1987, there was no direct access available to the acquired lands. Obviously, there was no access to the acquired lands in the year 1980 when the said transaction had taken place. We have already held that when the sale instances of the lands in the same village are not available, the Reference Court can always take into consideration a sale instance of a land which is situated in the adjacent village provided the sale instance is of a comparable land. In the present case, the market ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 21 fa-987.03-group value of the agricultural lands having large area will have to be determined on the basis of the sale instance of a developed plot of small area which was far better located than the acquired lands.
The acquired lands had no direct access. It has come on record in the evidence of the expert valuer that the village Morbe was not adjacent to Karjat Pune Road. Therefore, for determining the market value of the acquired lands, a substantial amount will have to be deducted on account of cost of development. A substantial part of cost of development will be the cost of construction of road as village Morbe had no direct access from either Karjat Panvel Road or Pune Mumbai National Highway. The acquired lands had no proper access. Therefore, substantial amount will have to be deducted on account of development cost. It is well settled that the development cost varies from case to case and broadly it is between 20% to 80%.
12. In the present case, there are several negative factors in respect of the acquired lands. The said negative facts are as under:-
(a) That the acquired lands were paddy lands on the relevant date;::: Downloaded on - 09/06/2013 19:05:28 :::
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(b) The acquired lands had no direct access by a
regular road;
(c ) The acquired lands were away from Pune
Mumbai National Highway as well as Karjat
Panvel Road;
(d)
The acquired lands were surrounded by the
paddy fields on all four sides;
(e) The access to acquired lands was through the
bandhs (boundary) of other fields;
(f) Though there was non-agricultural development
around the village, there was no such
development in the village Morbe itself.
13. As regards the sale instance at Exhibit-33, there are following positive factors:-::: Downloaded on - 09/06/2013 19:05:28 :::
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(i) The sale instance is in respect of a non-
agricultural layout plot which was already
converted for non-agricultural use under the order of the Competent Authority;
(ii) The plot was a developed plot of land;
(iii) The plot was adjacent to the Bus Depot of village Chowk and was very close to Pune-
Mumbai National Highway.
14. The market value reflected from the sale instance as of the Year 1980 is broadly Rs.64/- per sq. meter. In the present case, deduction of atleast 75% will have to be made for arriving at the market value of the acquired lands as of 1980. By making the aforesaid deduction, the market value of the acquired lands will be Rs.16/- per sq. meter as of 7 th March, 1980. Neither the Claimant Savlaram nor the expert valuer Manohar Vaidya has come out with the case that there was any rise in the market value of the lands in village Morbe from 1980 to 1987. On the contrary, the evidence is that due to impending acquisition, there were no sale ::: Downloaded on - 09/06/2013 19:05:28 ::: ash 24 fa-987.03-group transactions of lands in village Morbe. It is not the case of the claimants Savlaram that from 1980-1987, there was a remarkable growth in the adjoining areas which could have resulted into a steady price rise. The witness Manohar Vaidya who visited the acquired lands in the year 1991 has not noted any such growth and on the contrary, he claimed that the acquired lands were surrounded by paddy lands from all the four sides even in the year 1991 and the villagers of Morbe were depending on Karjat for civil amenities.
15. The determination of the market value in accordance with Section 23 of the said Act always involves some guess work.
The Reference Court has fixed the market value at the rate of Rs.20/- per sq. meter. By comparison method, we have arrived at the market value at Rs.16/- per sq. meter as of 1980. Though there is no evidence adduced by the Claimants of any growth in the market value from the years 1980 to 1987, some allowance will have to be made for minimum growth in the market value which is natural considering the fact that the village Morbe was a part of Grampanchayat of Chowk in which there was some development. The addition can be reasonably of Rs.4/- per sq. meter.
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16. Considering these aspects, we find that the market value arrived at by the Reference Court at the rate of Rs.20/- per sq. meter is just and proper and no interference is called for with the impugned judgments and awards. We may also note that the learned AGP pointed out that the decision in the case of State of Maharashtra v. Trimbak Joma Thakur (supra) has been stayed by the Apex Court pending Appeal filed by the State Government.
17. Hence, there is no merit in the Appeals and the Cross Objections. The Appeals and the Cross Objections are accordingly dismissed with no orders as to costs.
18. In case the Claimants have withdrawn the compensation amount against furnishing bank guarantees or securities, the concerned Court shall cancel the bank guarantees and the securities.
19. The Civil Applications in the First appeals as well as the Cross Objections do not survive and the same are disposed of.
( SMT.SADHANA S. JADHAV, J ) ( A.S. OKA, J )
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