1 fa434 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.434 OF 1994 WITH CROSS OBJECTION ST.NO.27331 OF 2007 The State of Maharashtra ...Appellant vs. Ramesh Baburao Mundhekar ...Respondent Mr.A.R.Patil, A.G.P for the appellant Mr.S.V.Sdavarte for the respondent CORAM : A.S.OKA,J. DATE : APRIL 5,2011 ORAL JUDGMENT: 1 The challenge in this appeal and the cross objection is to the Judgment and Award made under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquired lands are situated at village Ulve, Taluka Panvel, District Raigad which were notified under section 4(1) of the said Act on 3rd February 1970 for the public purpose of setting up satellite city of New Bombay. The award made under section 11 of the said Act was not accepted by the claimant and therefore, reference was made under section 18 of the said Act by the claimant. The market value at the rate of Rs.8/- per sq. meter was fixed by the Reference Court by the impugned Award. By cross objection, market value was claimed at Rs.12/- per sq meter. 2 Learned counsel appearing for the claimant placed reliance on the Judgment and order dated 12th April 2005 passed by this Court in First Appeal no.83 of 1992 and 2 fa434 First Appeal no.959 of 1991. This Court was dealing with the appeals arising out the awards made under section 18 of the said Act relating to the lands at village Ulve, Taluka Panvel, District Raigad which were notified for acquisition for the same public purpose under the notification dated 3rd February 1970. After considering the other decisions of this Court, a finding was recorded that the market value of the acquired lands at village Ulve on the relevant date was Rs.12/- per sq. meter. The decision of this Court dated 12th April 2005 has attained finality as the same has not been challenged by the State Government. 3 The aforesaid decision of this Court will obviously apply to the present appeal and the cross objections. Therefore, the market value of the acquired lands will have to be fixed at Rs.12/- per sq. meter. In the circumstances, the appeal preferred by the Statement Government will have to be dismissed and the Cross objection will have to be allowed. 4 Hence, I pass the following order : i) First Appeal is dismissed with no order as to costs. ii)Cross objection st.no.27331 of 2007 is partly allowed. iii)The market value of the acquired land is fixed at Rs.12/- per sq. meter (inclusive of the market value offered by the Special Land Acquisition Officer). iv)The respondent will be entitled to statutory benefits under sections 23(1-A), 23(2) and 28 of the said Act. The respondent will be entitled to proportionate costs of reference and cross objection. v) The exercise of determining compensation payable as 3 fa434 per the modified Award shall be completed by the Reference Court within a period of three months from the date of receipt of writ of this Judgment by the said Court. vi)Excess amount shall be deposited within a period of three months from the date of determining the compensation amount as per the modified Award. JUDGE