Bombay High Court
Devibai Nanakchand Relan ... vs The State Of Maharashtra Through ... on 28 February, 2023
Bench: Amit Borkar
38-fa1849-2006 with xobst24494-2019.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1849 OF 2006
WITH
CIVIL APPLICATION NO.1486 OF 2006
WITH
CIVIL APPLICATION NO.5079 OF 2005
The State of Maharashtra ... Appellant
V/s.
Devibai Nanakchand Relan ... Respondent
WITH
CROSS-OBJECTION (ST.) NO.24494 OF 2019
IN
FIRST APPEAL NO.1849 OF 2006
Devibai Nanakchand Relan ... Applicant
In the matter between
The State of Maharashtra
(through the Special Land
Acquisition Officer) ... Appellant
V/s.
Devibai Nanakchand Relan ... Respondent
WITH
CIVIL APPLICATION NO.324 OF 2019
IN
CROSS-OBJECTION (ST.) NO.24494 OF 2019
Devibai Nanakchand Relan ... Applicant
V/s.
The State of Maharashtra
(through the Special Land
Acquisition Officer) ... Respondent
Ms. Tanaya Goswami, AGP for the appellant.
Mr. Shriram S. Kulkarni with Ms. Radhali Kadam for
the respondent.
1
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38-fa1849-2006 with xobst24494-2019.doc
CORAM : AMIT BORKAR, J.
DATED : FEBRUARY 28, 2023
P.C.:
CIVIL APPLICATION NO.324 OF 2019:
1. The civil application is for condonation of delay in filing the
cross-objection. The applicant has explained the reason for
condonation of delay in paragraphs 5, 6 and 7.
2. Since the State has filed first appeal challenging the same
Award, the applicant has made out a case for condonation of delay.
3. The civil application is, therefore, allowed in terms of prayer
clause (a).
FIRST APPEAL & CROSS-OBJECTION:
4. The first appeal and cross-objections arise out of Judgment
and Award passed by the Reference Court on the application under
section 28A(3) of the Land Acquisition Act, 1894 thereby granting
rate of Rs.20/- per sq. mtr. along with consequential benefits.
5. The claimants' lands were acquired for Navi Mumbai Project
vide notification dated 3rd February 1970. Award under section 11
was passed on 18th August 1991. The application under section
28A was filed based on the judgment of this Court granting
compensation ranging from Rs.20/- per sq. mtr. to Rs.25/- per sq.
mtr. The District Court considering the location of lands in
question, relying on the judgment of this Court in First Appeal
No.394 of 1992 granted rate of Rs.20/- per sq. mtr as the land is
38-fa1849-2006 with xobst24494-2019.doc
situated at Village Owe.
6. During pendency of the present first appeal, the matter was
referred to the Lok Adalat.
7. In pursuance of the order passed by the Lok Adalat, a joint
meeting was held by the Committee constituted as per the
judgment of the Apex Court. The Committee decided rate of
Rs.23/- per sq. mtr. for Village Owe. Based on the decision of the
said Committee, The District Collector (Acquisition), Metro Center
No.3, Panvel has communicated no objection for grant of Rs.23/-
per sq. mtr. The said communication is taken on record and
marked 'X' for identification.
8. In view of said objection, the impugned Award is modified
substituting Rs.23/- in clause (2) of the operative part of the
Award.
9. Rest of the Award shall remain as it is.
10. The first appeal is allowed to the above extent. No costs.
11. The cross-objection is also disposed of.
12. In view of disposal of the first appeal and cross-objection,
nothing survives in the interlocutory applications and all such
applications are disposed of accordingly.
13. In view of directions of the Supreme Court in Civil Appeal
Nos.5088-2089 of 2013 dated 2nd July 2013, the claimants shall
furnish bank details to the Special Land Acquisition Officer within
two (2) weeks from today. The Special Land Acquisition Officer
shall take steps to deposit the amount calculated as per the
38-fa1849-2006 with xobst24494-2019.doc
modified Award within four (4) weeks thereafter and deposit the
amount in the accounts details of which would be given by the
claimants.
(AMIT BORKAR, J.)
