-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 459 OF 1991 FIRST APPEAL NO. 459 OF 1991 FIRST APPEAL NO. 459 OF 1991 WITH WITH WITH CROSS OBJECTION (ST.) NO. 28330 OF 1991 CROSS OBJECTION (ST.) NO. 28330 OF 1991 CROSS OBJECTION (ST.) NO. 28330 OF 1991 The State of Maharashtra, through .. Appellant. the Special Land Acquisition Officer, Metro Centre No.2, Panvel, Dist.Raigad at Alibag. V/s. Shri Joma Dhondu Mhatre, age about 70 yrs. R/o. Navade, Tal. Panvel .. Respondent. since deceased by his LRs. --- Mr.S.N.Gawade, A.G.P for the Appellant. Mr.Sachin Punde h/f. Rajiv Patil for the Respondent. --- CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT :- . Heard the learned Advocates for the parties. 2. The challenge in this Appeal is to the impugned Judgment and Award dated 31st March, 1990 passed by the learned Civil Judge, Sr.Division, Raigad at Alibag under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). The acquisition relates to the land bearing survey No.162 of village Navade, Taluka Panvel, District Raigad, which was notified by a Notification under section 4 of the said Act dated 3rd February, 1970 for the public purpose -: 2 :- for establishing the satellite city of Navi Mumbai. As the Respondent-claimaint did not accept the Award made by the Special Land Acquisition Officer, a Reference was made under section 18 of the said Act at his instance. By the impugned Judgment and Award, the Reference Court has awarded the market value at the rate of Rs.10/- per sq.meter. 3. There is a cross objection filed in this Appeal, claiming the market value at the rate of Rs. 25/- per sq. meter. 4. My attention has been invited to the Judgment and Order dated 30th March, 2007 passed by this court in the First Appeal 572 of 1991. The said Appeal had arisen out of an Award made under section 18 of the said Act. The said Judgment of this court relates to acquisition of adjoining land, which was notified under the same Notification. There is no dispute that the land the subject matter of that Appeal and the land in the present matter are part of the same larger plot of land. Therefore, the market value of the acquired land which is the subject matter of the present Appeal will be governed by the decision of this court dated 30th March, 2007. 5. Hence, I pass the following order. -: 3 :- i. First Appeal No. 459/1991 is dismissed. The Appellant to pay costs of this Appeal to the Respondent. ii. Cross objection (St.) No. 28330 of 1991 filed by the Respondent is allowed. The impugned Judgment and Award is modified and it is directed that the Respondent- Claimant will be entitled to the market value at the rate of Rs. 25/- per sq.meter. Apart from the market value, the Respondent will be entitled to the statutory benefits under sections 23(1-A), 23 (2) and 28 of the Land Acquisition Act, 1894. iii. The Respondent will be entitled to the proportionate costs of the Reference and the Cross-Objections from the Appellant. iv. The learned Trial Court will calculate the amount of compensation payable to the Respondent on the basis of this Judgment within a period of three months from the date of receipt of writ of this order. v. Accordingly, the writ and the record and -: 4 :- proceedings be sent to the Reference Court at the earliest. (A.S. OKA, J)