1 FA 962 OF 1991 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 962 OF 1991 AND CROSS OBJECTIONS (ST) NO.26737 OF 1992 The State of Maharashtra Through Special Land Acquisition Officer, Metro Centre No II,Panvel, Taluka: Panvel, District: Raigad .. Appellant. -versus 1. Shri. Atmaram Dhondu Mhatre,(decd) through his Legal heirs, 1-A. Shevantabai Atmaram Mhatre 1-B Pundalik Atmaram Mhatre, 1-C Sou.Krishnabai Budhaji, 1-D Sou. Yamunabai Ganpat Mhatre, 1-E.Sou. Janabai Atmaram Thakur (decd) Through legal heirs 1E-1, Shri. Yeshwant Atmaram Thakur, 1E-2 Ravindra Atmaram Thakur, 1E-3 Shri.Vishwajeet Atmaram Thakur, 1E-4 Shri.Santosh Atmaram Thakur 1E-5 Shri.Shirish Atmaram Thakur 1E-6 Shri.Sachin Atmaram Thakur 2. Shivram Chander Mhatre, Adult, residing at : Navade, Tal.Panvel. District:Raigad. .. Respondents. Mr. A.R. Patil, AGP, for the State. Mr. Rajiv L. Patil, for the respondents. CORAM: A. S. OKA, J. DATED: 3rd May, 2011 JUDGMENT 1. Called out for final hearing. 2. On the oral prayer made by the learned AGP 2 FA 962 OF 1991 appearing for the appellant, the order of dismissal of First Appeal No.962 of 1991 is recalled and the appeal is restored. 3. The challenge in this appeal is to the judgment and award dated 31st March,1990, passed by the Reference Court, in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereafter referred to as “the said Act”). The acquired land are situated at village Nawade, Taluka : Panvel, District: Raigad. The lands were notified on 3rd February, 1970 under Section 4(1) of the said Act for public purpose of setting up the satellite city of New Bombay. The award made under Section 18 of the said Act was not accepted by the respondent- claimants. Therefore, at their instance, a Reference under Section 18 of the said Act was made in which they claimed the market value at the rate of Rs.25/- per square meter . 4. By the impugned award, the learned trial Judge fixed the market value at the rate of Rs.10/- per square meter and granted statutory benefits under Sections 23(1-A), 23(2) and 28 of the said Act. By filing cross objections, respondent/claimants have prayed for grant of market value at the rate of Rs.30/- per square meter. 5. I have heard submissions of the learned AGP for the appellate State and learned counsel appearing for the respondents. 6. Large tracts of lands situated in 96 villages of districts Raigad and Thane were notified for acquisition for the 3 FA 962 OF 1991 public purpose of setting up satellite city of New Bombay, in between 1967 to 1972. In the case of State of Maharashtra -vs- Chandrakant Patil (First Appeal No.423 of 1996), the Division Bench of this Court decided appeals arising out of an award made under Section 18 of the said Act in respect of a land at village Nawade, notified on the same date, for the same public purpose. After considering oral and documentary evidence and the evidence regarding location of the village Nawade, this Court came to the conclusion the market value of the acquired land at village Nawade on the relevant date was Rs.25/- per square meter. The said decision has been followed by this Court, in several subsequent decisions. In the present case, the evidence of the valuer and case of the valuer which is admitted in evidence shows that acquired land is very close to Bombay Pune National Highway. Hence, the market value will have to be fixed at Rs.25/- per square meter in terms of the decision of the Division Bench of this Court. Hence, I pass the following order. ORDER I) First Appeal no.962 of 1991 is dismissed with no orders as to costs. II) Cross Objection (Stamp) No.26737 of 1992 is partly allowed. III) The market value of the acquired land is fixed at the rate of Rs.25./- per square meter 4 FA 962 OF 1991 (inclusive of market value offered under Section 11 of the said Act). In addition, the respondents/claims shall be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. The respondents will be entitled to the proportionate costs of the Reference and cross objections. IV)The exercise of determination of the amount payable as per modified award shall be completed by the Reference Court within a period of three months from the date on which writ of this judgment is received by the said Court. V) Excess amount of compensation shall be deposited by the appellant within a period of three months of such determination. (A. S. OKA, J.)