ash 1 229fa-818.01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.818 OF 2001 The State of Maharashtra .. Appellant Vs Bhagwan Kamalya Bhagat ＆Other. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. Shri Rajiv Patil i/by Ms Madhavi Mhatre for the Respondents. -- CORAM ; A.S. OKA, J DATED : 6TH APRIL, 2011 JUDGMENT: . Heard learned AGP for the Appellant and the learned counsel appearing for the Respondents. 2. The challenge in this Appeal is to the impugned judgment and award dated 30th September, 1996 made in a Reference under Section 28-A(3) of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act” ). The acquired land admeasures 4700 sq. meters situated at Kharghar, Taluka – Panvel, District -Raigad. The land was notified for acquisition under Section 4(1) of the said Act on 3rd February, 1970 for the purpose of setting up satellite city of New Bombay. The award under Section 11 of the said Act was made on 6th June, 1984. Though the Respondents did not apply under Section 18 of the said Act, on the basis of the award made by the Reference Court in ash 2 229fa-818.01 Land Acquisition Reference No.219 of 1986, the Respondents applied for re-determination of the compensation amount under Section 28-A of the said Act. The market value was determined by the Special Land Acquisition Officer at the rate of Rs.6/- per sq. meter. The Respondents did not accept the said market value and at their instance, the reference under Section 28-A(3) of the said Act was made. By the impugned judgment and award, the market value has been fixed at Rs.15/- per sq.meter and in addition, statutory benefits under Section 23(1-A), 23(2) and 28 of the said Act has been granted. 3. After having heard the learned AGP for the Appellant, I find that no case for interference is made out. The finding recorded by the learned Trial Judge is that the acquired land is situated at a distance of 960 meters from Panvel-Sion Highway. In First Appeal No.875 of 1985 ( Abdul Aziz Husenmiya Patel v Special Land Acquisition Officer ) and other connected Appeals decided by a Division Bench of this Court on 16th March, 2000, this Court dealt with the awards made under Section 18 of the said Act relating to the villages Pendhar, Taloja, Panchand, Owe, Belpada, and Kharghar, etc. Taluka- Panvel, District Raigad which were notified on the same date for the same public purpose. In Paragraph 11 of the said decision, the Division Bench held that the market value of the land at Kharghar which is abutting Sion-Panvel Highway was Rs.22/- per sq. meter and the market value of the lands in ash 3 229fa-818.01 the said village which are away from Sion-Panvel Highway was Rs.18/- per sq. meter. The Division Bench made deduction of 10% on account of development charges. The market value at the rate of Rs.15/- per sq. meter has been awarded by the Reference Court in the present case which is less than the minimum market value awarded by the Division Bench. 4. Hence, I pass the following order. ORDER (a) The Appeal is dismissed with no orders as to costs. (b) Civil Application No. 1899 of 2000 does not survive and the same is disposed of. ( A.S. OKA, J )