1 37 fa.1891.05 - Rabale ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1891 OF 2005 The State of Maharashtra. ... Appellant Versus Jayaram Hari Bhoir. ... Respondent ----- Mr. A.R.Patil, AGP for the Appellant. Mr. Anilkumar Patil for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 12 th August, 2011. ORAL JUDGMENT: 1 Taken up for final hearing. 2 Heard the learned AGP appearing for the parties. 3 The Appellant has taken an exception to the judgment and award passed by the Reference Court in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 2 37 fa.1891.05 - Rabale 4 The acquired land is a land bearing Gut No.208/2 P situated at village Rabale, Taluka and District Thane admeasuring 4882 square meters. The notification under Section 4 (1) of the said Act was issued on 4 th February, 1970 for the public purpose of setting up satellite city of new Bombay. The award was made under Section 11 of the said Act by which the market value of Rs.3.60 per square meter was offered. The Respondent – claimant did not accept the award and at his instance, the reference under Section 18 of the said Act was made. By the impugned judgment and order, the market value of Rs.12/- per square meter has been fixed. Apart from the market value, statutory benefits under Section 23(1-A), Section 23 (2) and Section 28 of the said Act have been granted. The learned AGP appearing for the Appellant / State submitted that the Respondent – claimant has not adduced any evidence of comparable sale instances and hence, the market value fixed is excessive. 5 Large number of lands from the village Rabale were notified on the same date i.e. 4 th February, 1970 under Section 4(1) of 3 37 fa.1891.05 - Rabale the said Act for the public purpose of setting up satellite city of new Bombay. The Division Bench of this Court dealt with a group of appeals and cross-objections arising out of the awards made under Section 18 of the said Act in relation to the lands at village Rabale, which were acquired under the same notification dated 4 th February, 1970 for the same public purpose. After considering the location of the village and other material factors, the Division Bench of this Court upheld the decision of the Reference Court fixing market value at the rate of Rs.12/- per square meter. The said decision of the Division Bench of this Court is in the case of State of Maharashtra Vs. Ishwarsharan Kedarnath Bhargava & ors [2008 (1) Bombay Cases Reporter 757]. The said decision has become final. Hence, it is not possible to interfere with the impugned judgment and award by which the market value has been fixed at the rate of Rs.12/- per square meter. No dispute has been raised regarding grant of statutory benefits. 6 Hence, there is no merit in the appeal and the same is 4 37 fa.1891.05 - Rabale accordingly dismissed with no order as to costs. 7 The Civil Application No.3318 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]