MR. YASHWANT CHANGU BHAGAT vs THE STATE OF MAHARASHTRA TROUGH THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER

Judgment text excerpt

KVM 1/17 203 - FA 644 OF 2019.doc Digitally signed by KANCHAN IN THE HIGH COURT OF JUDICATURE AT BOMBAY KANCHAN VINOD MAYEKAR VINOD Date: MAYEKAR 2025.10.29 18:32:52 +0530 CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 644 OF 2019 Yashwant Changu Bhagat ) Aged – 70 Years ) Residing at Nandgaon, ) Taluka – Panvel, District – Raigad ) ….. Appellant (Original Claimant) VERSUS 1. The State of Maharashtra ) (Through the Special Land Acquisition) Officer, Metro Centre No.3, ) New Panvel, Taluka Panvel, ) District Raigad ) 2. The District Collector ) Raigad-Alibag ) ….. Respondents (Original Opponents) Mr. Sachin S. Punde a/w. Ms.Deepa Punde for the Appellant. Mr. A. R. Patil, Additional G.P. for the State – Respondent Nos. 1 and 2. CORAM : RAJESH S. PATIL, J. DATE : 7 OCTOBER, 2025 ORAL JUDGMENT :- 1) This First Appeal filed under Section 54 of the Land Acquisition Act, 1894, (for short ‘the said Act’) challenges the Judgment and Award dated 3 October, 2009 passed by the Joint Civil Judge, Senior Division, Panvel in Land Acquisition Reference No. 237 of 2007. KVM 2/17 203 - FA 644 OF 2019.doc 2) I have heard learned advocate for the appellant and the Additional Government Pleader on behalf of the State. 3) In 1970, the Government of Maharashtra acquired large chunks of land in 96 villages of Raigad and Thane Districts for implementing ‘New Bombay Project’. 3.1) The appellants herein are the original claimants, who owned agricultural land bearing Survey No. 130, Hissa No. 1, admeasuring 01H 06R 00P (10,600 sq.mtrs) situated in Village Karanjade, Taluka Panvel, District Raigad which was also proposed to be acquired for setting up satellite tower of ‘New Bombay Project’. Notification under section 4 of the said Act was issued on 3 February, 1970 and thereafter declaration under S