1 FA 799 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.799 OF 2011 Babu Rama Kudavkar(decd) through his Lrs Mainabai Babu Kudavkar and ors .. Appellant. -versus The State of Maharashtra .. Respondent. WITH FIRST APPEAL NO. 765 OF 1996. The State of Maharashtra .. Appellant versus Babu Rama Kudavkar .. Respondent Mr. Rajiv L. Patil, for the appellant in Appeal No.799 of 2011 and for respondent No.765 of 1996 Mr. A.R. Patil, AGP for the respondent in Appeal No.799 of 2011 and for the appellant in Appeal No.765 of 1996. CORAM: A. S. OKA, J. DATED: 3rd May, 2011 JUDGMENT 1. Heard learned counsel appearing for the respective parties. On the oral prayer made by the learned AGP for the State of Maharashtra, the order of dismissal of First Appeal No.765 of 1996, is recalled and the said Appeal is restored. Permission is granted to the Appellant therein to carry out 2 FA 799 OF 2011 amendment for bringing the legal representatives of the deceased Respondent on record in terms of the amendment carried out in First Appeal No.799 of 2011. 2. The challenge in these Appeals is to the judgment and award dated 24th December, 1993, passed by the trial Court in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquired land is situated at village Dapoli, Taluka: Panvel, District: Raigad. The acquired land was notified under Section 4(1) of the said Act on 3rd February, 1970, for the public purpose of setting up satellite city of New Bombay. As the compensation offered was not accepted by the original claimant, at his instance, a Reference under Section 18 of the said Act was made. The claimant claimed market value at the rate of Rs.20/- per square meter. By the impugned award, market value has been fixed at Rs.5/- per square meter. Statutory benefits were granted apart from market value. 3. Large tracts of lands situated in 96 villages in Districts: Ragad and Thane were notified for acquisition in between 1967 and 1972, for public purpose of setting up satellite city of Navi Mumbai. This Court has already decided large number of appeals arising out of the awards made under Section 18 of the said Act in respect of the lands at village Dapoli. In First Appeal No.680 of 1995 ( State of Maharashtra - 3 FA 799 OF 2011 vs- Dattu Ambaji Katekar) and other connected matters decided on 25th February, 2011, this Court dealt with the appeals arising out of awards made under Section 18 of the said Act in respect of lands at village Dapoli. Paragraph 3 of the said judgment reads thus :- “3. After having heard the learned A.G.P. for the appellant and the learned counsel for the respondents, I find that there is no reason to take a different view. Large tracts of lands within 96 villages of Thane and Raigad Districts were notified for acquisition under Section 4 of the said Act on 3rd February 1970 for the same public purpose. In First Appeal No.462 of 1990 (State of Maharashtra Vs. Tulsiram K.Mungaji and others) alongwith connected appeals decided on 18th July, 2001, the Division bench had an occasion to deal with the appeals preferred by the State of Maharashtra arising out of the Awards made under Section 18 of the said Act in respect of the lands at village Dapoli, Taluka : Panvel, District Raigad which were notified for the same public purpose on the same date. After considering the evidence on record, this Court came to the conclusion that the market value of the acquired land, on the relevant date was Rs.10/- per sq. meter. The Judgment of this Court has attained finality in the sense the same has not been challenged by the State Government. Hence, no case is made out for interference with the impugned Award under which market value has been fixed at Rs.10/- per sq. meter”. 4. In the circumstances, in the present appeal, market value will have to be fixed at Rs.10 per square meter. Hence, I 4 FA 799 OF 2011 pass the following order. ORDER. i) First Appeal No.765 of 1996 is dismissed with no order as to costs. ii) First Appeal No.799 of 2011 is partly allowed. The market value of the acquired land is fixed at Rs.10/- per square meter. In addition to the market value, the claimant will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. iii) The impugned award as regards market value of the well is confirmed. Claimant will be entitled to proportionate costs of the Reference as well as First Appeal No.799 of 2011. iv) The exercise of determination of market value payable as per modified award shall be completed by the Reference Court within a period of three months from the date on which a writ of this judgment is received by the said Court. v) Excess amount shall be deposited by the State Government with the Reference Court within a period of three months from the date of such determination. (A. S. OKA, J.)