1 fa113 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.113 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer,Metro Centre No.4,Panvel) ...Appellant vs. Tulsidas Dungasi Thakkar ...Respondent Mr.A.R.Patil, A.G.P for the appellant Mr.Niranjan Shimpi h/f Mr.P.K.Dhakephalkar for the respondent CORAM : A.S.OKA,J. DATE : FEBRUARY 14,2011 ORAL JUDGMENT: 1 By this appeal the appellant State of Maharashtra has taken an exception to the Judgment and Award dated 17th September 1991 passed by the District Court in a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act). 2 Acquisition relates to the land bearing survey Nos. 30 Hissa no.5 at village Valavali, Taluka Panvel, District Raigad admeasuring 2600 sq.meters. The land was notified for acquisition by a notification dated 3rd February 1970 for the purpose of setting up of satellite city of Navi Mumbai. Award under section 11 of the said Act was made on 19th September 1986. The respondent- claimant did not accept the Award and therefore, a reference was made to the District Court. The reference Court after considering the evidence on record fixed the market value at the rate of Rs.11/- per sq. meter. Apart from the market value, statutory benefits under section 23 (1-A), 23(2) and 28 of the said Act were granted. 2 fa113 3 The learned A.G.P submitted that the respondent claimant has failed to adduce evidence of comparable sale instance and has not discharged the burden of proving that the market value offered by the Special Land Acquisition Officer is inadequate. He submitted that the market value fixed at the rate of Rs.11/- per sq. meter cannot be justified. 4 I have given careful consideration to the submissions. First Appeal No.25 of 1993 which was decided on 22nd April 2004 was preferred by the State Government for challenging the Award of the Reference Court under section 18 of the said Act in relation to the land admeasuring 6450 sq. meter situated at village Valavali, Taluka Panvel, District Raigad which was notified on the same date for the same public purpose. In the case before this Court, the Reference Court had fixed the market value at the rate of Rs.11/- per sq meter. Cross objection was filed by the claimant in the said Appeal claiming Rs.15/- per sq. meter. This Court accepted the contention of the claimant that the market value was Rs.15/- per sq. meter. However, this Court held that the deduction of 10% will have have to be made on account of development charges. This Court has considered the location of village Vadavali with reference to the Bombay Pune national highway, industrial area etc. Going by the decision of this Court, net market value was fixed at Rs.13.50 per sq. meter. 5 As stated earlier, the decision dated 22nd April 2004 relates to the land from the same village which was notified on the same date for same public purpose. The land subject matter of the said appeal was an agricultural land and the same is the case of the land 3 fa113 subject matter of this appeal. Therefore, the market value fixed at the rate of Rs.11/- cannot be faulted with. There is no dispute about the entitlement to statutory benefits. Hence, there is no merit in the appeal and the same is accordingly dismissed with no order as to costs. 6 Civil application no.6206 of 1995 does not survive and the same is also disposed of. JUDGE