1 fa2 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.2 OF 1995 The State of Maharashtra ...Appellant vs. Ganpat Kalya Jitekar ...Respondent Mr.A.R.Patil, A.G.P for the appellant Mr.N.J.Patil for the respondent CORAM : A.S.OKA,J. DATE : APRIL 5,2011 ORAL JUDGMENT: 1 Heard learned A.G.P for the appellant and the learned counsel for the respondent. The challenge in this appeal is to the Judgment and Award dated 24 th September 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 land admeasuring 18,310 sq. meter situated at village Dapoli, Taluka Panvel, District Raigad. The lands were notified under section 4(1) of the said Act on 3 rd February 1970 for the public purpose of setting up satellite city of New Bombay. The Award under section 11 of the said Act was made on 4 th July 1986. As the respondent did not accept the Award, a reference for enhancement at his instance was made to the District court. Market value was claimed at the rate of Rs.40/- per sq. meter. By the impugned Award, the Reference Court has awarded the market value at the rate of Rs.6/- per sq. meter together with statutory benefits under sections 23 (1-A), 23(2) and 28 of the said Act. 2 After having heard the learned A.G.P for the appellant, I find that there is no merit in the appeal. 2 fa2 Large number of lands at village Dapoli were notified on the same date for the same public purpose. In First Appeal no.462 of 1990 (State of Maharashtra Vs.Tulsiram Krishna Mungaji and others) and other connected appeals, by Judgment and Order dated 18 th July 2001, the Division Bench of this Court dealt with the Awards made under section 18 of the said Act relating to the lands at village Dapoli notified on the same date for the same public purpose. After considering the evidence regarding location of village Dapoli and facilities available in the village, the market value has been fixed by the Division Bench at the rate of Rs.10/- per sq. meter. Hence there is no reason to interfere with the impugned order. There is no dispute regarding statutory benefits. Appeal is accordingly dismissed with no order as to costs. JUDGE