1 fa129&155 with xob.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.129 OF 1996 WITH CROSS OBJECTION ST.NO.13630 OF 2005 AND FIRST APPEAL NO.155 OF 1996 WITH CROSS OBJECTION ST.NO.13621 OF 2005 The State of Maharashtra ...Appellant (in both the appeals) vs. Vikas Jagannath Mungaji ...Respondent (in both the appeals) Mr.A.R.Patil, A.G.P for the appellant Mr.Rajiv Patil for the respondent CORAM : A.S.OKA,J. DATE : MARCH 16,2011 ORAL JUDGMENT : 1 Heard learned counsel for the appellant and the learned counsel for the respondent. In these two appeals, the challenge by the appellant State of Maharashtra is to the Awards made under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquired lands are situated at village Dapoli, Taluka Panvel, District Raigad which were notified on 3rd February 1970 under section 4(1) of the said Act for the public purpose of setting up satellite city of Navi Mumbai. The Awards were made under section 11 of the said Act in August 1986. The Awards were not accepted by the respondent-claimant and therefore, at his instance references were made under section 18 of the said Act. The respondent claimed market value at the rate of Rs. 20/- per square meter. The Reference Court, by the impugned Judgment and Award, fixed the market value at 2 fa129&155 with xob.sxw the rate of Rs.7/- per sq. meter and has granted statutory benefits under section 23(1-A), 23(2) and 28 of the said Act. 2 The learned A.G.P for the appellant submitted that the respondent has not adduced evidence of any comparable sale instances and has not discharged the burden on him. The learned counsel for the respondent in support of the cross objections has relied upon a decision of Division Bench of this Court dated 18th July 2001 in First Appeal no.462 of 1990 (State of Maharashtra vs. Tulsiram Mungaji and others) and other connected appeals. The Division Bench dealt with the appeals arising out of Awards made under section 18 of the said Act in relation to lands at village Dapoli which were notified for the same public purpose by notification under the said date. The learned counsel for the respondent submitted that in the light of the said Judgment, the respondent is entitled to enhancement in compensation and therefore, cross objections be allowed. 3 I have given consideration to the submissions. By cross objection the respondent is seeking market value of Rs.13/- per sq. meter. In First Appeal no.462 of 1990 which was decided by the Division Bench of this Court on 18th July 2001, this Court dealt with various appeals filed by the State of Maharashtra for challenging the Awards made under section 18 of the said Act. The Awards were in respect of the lands at village Dapoli which were notified under section 4(1) of the said Act on the same date and the purpose of acquisition was the same. This Court has dealt with the evidence adduced regarding location of village Dapoli, its proximity to Mumbai and Uran Panvel State Highway. After considering the infrastructural facility available in the said village, 3 fa129&155 with xob.sxw The Division Bench has fixed the market value at the rate of Rs.10/- per sq meter. The said decision of the Division Bench has attained finality. In the circumstances, there is no reason why the decision of the Division Bench should not be made applicable in the present case. Hence, the appeals must fail and the cross objections deserve to be allowed partly. 4 Hence, I pass the following order : i) First Appeal nos.129 of 1996 and 155 of 1996 are dismissed with no order as to costs. ii)Cross objection st.nos.13630 of 2005 and 13621 of 2005 are partly allowed and the market value of the acquired lands is fixed at Rs.10/- per sq. meter inclusive of the amount offered by the Award under section 11 of the said Act. iii)The claimant will be entitled to statutory benefits under sections 23(1-A), 23(2) and 28 of the Land Acquisition Act,1894. iv)The Reference Court shall determine the amount payable to the claimant in terms of the modified Award within a period of three months from the date of receipt of the writ of this Judgment. v) The respondent-claimant will be entitled to proportionate costs of the reference and the cross objections. vi)The excess amount of compensation shall be deposited by the appellant within a period of three months from the date of determination of the amount payable under the modified Award. JUDGE