1 fa176 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.176 OF 1998 Krishna Sudam Petkar ...Appellant vs. The Special Land Acquisition Officer Metro Centre No.4 ...Respondent Mr.Rajiv L. Patil for the appellant Mr.A.R.Patil, A.G.P for the respondent CORAM : A.S.OKA,J. DATE : APRIL 5,2011 ORAL JUDGMENT : 1 This First Appeal takes an exception to the Judgment and Award dated 9 th August 1991 passed by the Reference Court in a reference under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquisition relates to the lands at village Valavali, Taluka Panvel, District Raigad which were notified under section 4(1) of the said Act on 3 rd February 1970. Award under section 11 was made on 16 th September 1986. The appellant-claimant did not accept the Award and at his instance a Reference was made to the District Court by which the market value was claimed at the rate of Rs.15/- per sq.meter. By the impugned Award, market value has been fixed at Rs.10/- per sq.meter and statutory benefits under section 23(1-A), 23(2) and 28 of the said Act have been granted. In this appeal for enhancement, market value is claimed at the rate of Rs. 15/- per sq. meter. 2 In First Appeal no.25 of 1993 (State of Maharashtra Vs. Ramdas Dhaya Patil) which was decided on 22nd April 2004, this Court dealt with the appeals preferred by the State of Maharashtra 2 fa176 against the Awards made under section 18 of the said Act in relation to the lands at village Valavali which were notified for the same public purpose on the same date. This Court made in depth consideration of the location of the village Valavali and facilities available therein on the relevant date. This Court came to the conclusion that the market value of the acquired land was Rs. 15/- per sq. meter. This Court observed that 10% amount will have to be deducted on account of development charges. The said decision of this Court has become final in the sense the State of Maharashtra has not challenged the same. Therefore, the said decision will have to be followed in the present case and the market value will have to be fixed Rs.15/. After deducting 10% on account of development charges, the market value will be Rs. 13.50/- per sq. meter. Hence the market value will have to be fixed at the rate of Rs.13.50 per sq. meter. 3 Hence, the appeal must succeed. Hence, I pass the following order : i)Impugned Award is modified and the market value is fixed at Rs.13.50 per sq. meter. The appellant will be entitled to statutory benefits under sections 23(1-A), 23 (2) and section 28 of the said Act. ii)The appellant will be entitled to proportionate costs of reference as well as this appeal. iii)Appeal is partly allowed in above terms. iv)The Reference Court shall determine the amount payable as per the modified Award within a period of three months from the date on which a writ of this 3 fa176 Judgment is received. v)The excess amount shall be deposited within a period of three months from the date on which the amount is determined. JUDGE