Judgment:
B.H. Marlapalle, J.
1. Both these Appeals arise from the very same Award passed by the learned Civil Judge, Senior Division at Raigad on 17/10/1989 in Land Acquisition Reference No. 67 of 1987. First Appeal No. 118 of 1991 has been filed by the claimant whereas First Appeal No. 614 of 1991 has been filed by the State of Maharashtra and, therefore, both these appeals are being decided by a common judgment.
2. The agricultural land located in Gat No. 79 Hissa No. 15 and Gat No. 68 Hissa No. 1 at village Barvai, Tal.Panvel, Dist. Raigad was under acquisition in terms of the notification issued under Section 4 of the Land Acquisitions Act, 1894 ('the Act' for short) on 13/12/1984 and from the ownership of the claimant an area admeasuring 17900 sq. mtrs. was sought to be acquired by the said notification. Declaration under Section 6 of the Act was published on 13/6/1985 and final award under Section 11 of the said Act was declared on 23/9/1985 by the Land Acquisition Officer. He had fixed the land market value at Rs. 2.50 per square metre for an area of 16000 sq.mtrs. and 2 paise per sq.mtr. for the balance area.
3. Being dissatisfied with the market value fixed by the Special Land Acquisition Officer, the claimant submitted an application under Section 18 of the Act for enhancement of compensation which came to be referred by the Collector to the learned Civil Judge, Senior Division at Raigad and the proceedings were registered as LAR No. 67 of 1987. After hearing both the parties and on consideration of the reference, the Court was pleased to fix the market value of the land admeasuring 17900 at Rs. 35 per square meter. In addition the reference Court also gave benefit of severance in respect of remaining area admeasuring 5300 square metres by awarding the market value at the very same rate i.e. Rs. 35 per square metre. In addition solatium at 30 % on the market value as provided under Section 23(2) of the Act and compensation at the rate of 12% per annum as provided under Section 23(1A) of the Act was also given to the claimant. Interest at the rate of 9 % per annum has also been granted.
4. The claimant is not satisfied with the market value fixed at Rs. 35/- per square metre and he claims that it ought to be fixed at Rs. 50/- per square metre, having regards to the potential of the subject land as well as the development that had taken place in the surrounding areas. The claimant also claims that interest under Section 28 has not been properly granted and computed by the Reference Court. Whereas the State Government in this appeal has raised both the grounds viz. the market rate of the land fixed at Rs. 35/- per square metre is on the higher side and the claimant was not entitled for compensation for the remaining area of 5300 sq.mtrs which was not acquired under the notification dated 13/12/1984.
5. During the course of arguments Mr.Pai, the learned Counsel for the claimant brought to our notice that First Appeal 104 and 55 of 1991 which arose from the very same notification dated 13/12/1984 and very same Gat No. viz. Gat No. 79 came to be decided by the Single Bench of this Court on 30/6/2008. A copy of the said judgment has been placed before us and we have noted that the learned Single Judge recorded the claimants' reliance on the order passed by the Reference Court in respect of acquisition of their own land under the earlier notification dated 4/9/1982 and the market value fixed by the Land Acquisition Officer was at Rs. 35/- per square metre. Even in the impugned award the learned Civil Judge, Senior Division has referred to the very same acquisition under the notification dated 4/9/1982. The learned Single Judge applied the principle of 12 per cent increase per year in the land value by taking recourse to the scheme of Section 23(1A) of the Act and thus fixed the market value at Rs.45/- per sq.mtr. instead of Rs. 35/- per sq.mtr. We do not see any reason to take a different view, more so when the instant appeals also arise from the very same notification and also the land in the very same gat number.
6. Mr.Patil, the learned AGP submitted that the remaining area of 5300 sq.mtrs. could not have been considered by the Reference Court for granting compensation as the same was not covered by the acquisition. He, therefore, prayed that the claimants are not entitled for compensation in respect of the remaining plot area of 5300 sq.mtrs at the same rate. Mr.Pai, the learned Counsel for the claimants invited our attention to the operative part of the order in the award and it is clear that the Reference Court had held that the State was entitled to acquire the remaining plot area from the claimant. Mr.Pai also submitted that the possession was subsequently taken over by the State Government of the said remaining area and the claimants have initiated separate proceedings for compensation or for enhancement of compensation.
7. Mr.Pai, on instructions, has furnished an undertaking before us that if any proceedings for claiming additional compensation or enhancement of compensation in respect of the balance area of 5300 sq.mtrs. have been initiated and/or pending before the Reference Court or any authority, the said proceedings shall be withdrawn forthwith. He further furnished an undertaking that the claimants shall not claim any additional compensation in respect of the plot area admeasuring 5300 sq.mtrs. in any other proceedings. The undertaking is noted and accepted.
8. We, therefore, hold that the market value of the subject land deserves to be fixed at Rs.45/- per sq.mtrs. and consequently the claimant would be entitled for the benefit of solatium at 30 per cent on the market value.
9. Hence First Appeal No. 118 of 1991 is partly allowed and the market value of the subject land is fixed at Rs.45/- per sq.mtr. Consequently the claimant is entitled for the benefit of solatium at 30 per cent on the market value under Section 23(2) of the Act. The claimant is also entitled to compensation under Section 23(1A) of the Act. It is further directed that the claimant shall be paid interest under Section 28 of the Act on the enhanced amount. The compensation as well as all these additional benefits shall be available to the claimant in respect of the total plot area i.e. 17900 sq.mtrs. + 5300 sq.mtrs. The arrears arising out of this enhanced compensation shall be paid by the State Government within a period of twelve weeks from today. 9. The learned AGP to forward a copy of this order to the concerned Land Acquisition Officer / Collector and the Government Pleader.
10. First Appeal No. 614 of 1991 filed by the State Government stands dismissed.