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2012 (7) TMI 1036 - SC - Indian LawsDetermining the amount of compensation at the rate of ₹ 25/- per square meter - the Reference Court had taken notice of the fact that the acquired land was in the proximity of National Highway No.4, Panvel-Sion Highway and the construction of Thane Creek Bridge which brought various villages including village Roadpali (Kolhekhar) close to Bombay. The Reference Court also noted that civic amenities were available to Panvel town prior to 1970 and industrial estates had been developed at Taloja and Panvel and concluded that the acquired land was available for non-agricultural use and the only obstruction was the absence of conversion. The High Court did not advert to the factors noted by the Reference Court and reduced the amount of compensation by mechanically applying the distance criteria, i.e., distance of the acquired land from Bombay-Pune Highway adopted in the earlier judgments. Therefore, the impugned judgment and order cannot be sustained. In the result, the appeals are allowed. The impugned judgment and order are set aside and the one passed by the Reference Court for payment of compensation to the appellants at the rate of ₹ 25/- per square meter is restored. The respondents are directed to pay the balance amount to the appellants with all other statutory benefits and interest within three months from today.
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