1 220 fa.285.95 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 285 OF 1995 The State of Maharashtra, Through the Special Land Acquisition Officer. ... Appellant Versus Ganpat Kalya Madhavi. ... Respondent ----- Mr. A.R.Patil, AGP for the Appellant. Mr. K.N.Kore for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 25 th January, 2011. ORAL JUDGMENT: 1 Heard the learned AGP for the Appellant and the learned counsel appearing for the Respondents. 2 The challenge in this first appeal is to the judgment and award dated 19 th August, 1991 passed by the Reference Court in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter 2 220 fa.285.95 referred to as “the said Act”). 3 The acquisition relates to land bearing survey No.105/Part admeasuring 14240 sq.mtrs situated at village Dive, Taluka Thane, district Thane. Notification dated 3 rd February, 1970 under Section 4 of the said Act was published in Government Gazette on 4 th February, 1970 by which the said land was notified for acquisition for the purposes of setting up satellite city of new Bombay. Award under Section 11 of the said Act was made on 30 th August, 1995 and market value was offered at the rates of Rs.2/- and Rs.3.70/- per sq.mtr. Reference was made at the instance of the Respondent under Section 18 of the said Act. Relying upon a decision in Land Acquisition Reference No. 26 of 1988. The Reference Court granted market value at the rate of Rs.10/- per sq.mtr and also granted statutory benefits under the said Act. 4 The learned AGP appearing for the Appellant submitted that there was no evidence adduced by the Respondent – claimant of any comparable sale instances. The learned AGP appearing for the 3 220 fa.285.95 Appellant submitted that in absence of any evidence, there was no reason to grant enhancement. The learned counsel appearing for the Respondent placed reliance on the decision of this Court dated 24 th September, 2009 in First Appeal No. 277 of 1995 and other connected appeals. He submitted that market value of the similarly situated lands in the same village was fixed by this Court at the rate of Rs.10/- per sq.mtr. 5 I have given careful consideration to the submissions. It is not in dispute that the decision of this Court dated 24 th September, 2009 in the First Appeal No.227 of 1995 relates to acquisition of land from village Dive, which was notified under the said notification dated 3 rd February, 1970 for the same purpose. This Court found that market value of the acquired land in this village was Rs.10/- per sq.mtr. 6 In view of the aforesaid decision of this Court, no interference can be made with the market value fixed at the rate of Rs. 10/- sq.mtr. There cannot be any dispute regarding grant of any statutory benefits. 4 220 fa.285.95 7 Accordingly, the appeal is dismissed. There will be no order as to costs. [ A.S.OKA, J ]