ash 1 fa-520.02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.520 OF 2002 The State of Maharashtra .. Appellant Vs Shri Mangalaya Janu Khutarkar. .. Respondent -- Shri A.R. Patil, AGP for the Appellant. -- CORAM ; A.S. OKA, J DATED : 6TH APRIL, 2011 JUDGMENT : . Heard learned AGP for the Appellant. The challenge in this First Appeal is to the impugned judgment and award dated 28th April, 2000 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 acquired lands are situated at Nawade, Taluka – Panvel, District -Raigad. The acquired lands were notified under Section 4(1) of the said Act on 3rd February, 1970 for the purpose of setting up satellite city of New Bombay. The award under Section 11 of the said Act was made on 12th June, 1986. The market value offered by the Special Land Acquisition Officer was not accepted by the Respondent and at his instance, the reference under Section 18 of the said Act was made. By the impugned judgment and award, the market value was fixed by the Reference Court at Rs.18/- per sq. meter. In addition, statutory benefits under Section 23(1-A), 23(2) and 28 of the ash 2 fa-520.02 said Act were granted to the Respondent. 3. I have heard the learned AGP for the Appellant who contended that the market value fixed is excessive and there is no evidence adduced by the Respondent of comparable sale instance. 4. I have considered the submissions. In First Appeal No.423 of 1986 along with connected First Appeal No.1534 of 1996 decided on 16th September, 2004 by a Division Bench of this Court, the issue regarding the market value of the acquired lands situated at village Nawade which were notified on the same date and for the same public purpose was considered. Considering the location of the village Nawade, the Division Bench of this Court has held that the market value of the acquired land was Rs.18/- per sq. meter. The decision of the Division Bench had attained finality and the same has not been challenged by the State of Maharashtra. Hence, it is not possible to find fault with the market value fixed by the Reference Court at the rate of Rs.25/- per sq. meter. Hence, I pass the following order. ORDER: (a) The Appeal is accordingly dismissed` with no orders as to costs. ash 3 fa-520.02 (b) Civil Application No.1012 of 2006 does not survive and the same is disposed of. ( A.S. OKA, J )