IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.427 OF 1992. APPEAL NO.427 OF 1992. APPEAL NO.427 OF 1992. The State of Maharashtra )...Appellant Versus. Ragho Janardan Mhatre & Ors. )...Respondents --- Shri B.H.Mehta, A.G.P for the Appellant. --- CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 12th MARCH, 2008. : 12th MARCH, 2008. : 12th MARCH, 2008. ORAL ORAL ORAL JUDGMENT: JUDGMENT: JUDGMENT: 1. Heard learned Assistant Government Pleader for the appellant. The challenge in this appeal is to the judgment and award dated 13th August, 1991 passed by the learned 3rd Additional Sessions Judge, Raigad at Alibag. By the impugned judgment and award, a reference made under section 18 of the Land Acquisition Act, 1894 (hereinafer referred to as "the said Act") at the instance of the respondents has been partly allowed. 2. The acquisition relates to land bearing Survey No.828, Hissa No.8 admeasuring 610 sq meter situated at village Panvel, Taluka Panvel, District Raigad. The land was notified under section 4 of the said Act on 03rd February, 1970 for New Bombay Project. In the reference under section 18 the respondent claimed market value at the rate of Rs.15/- per sq meter. By the impugned judgment and award, market value at the rate of : 2 : 2 : 2 : Rs.18/- per sq meter has been awarded together with statutory benefits under section 23(1-A), 23(2) and 28 of the said Act. 3. After having heard the learned A.G.P for the appellant, I find that no interference is called for in the impugned judgment and award. The Division Bench of this Court in a judgment dated 25th and 26th February, 1993 in the case of Nama Padu Hudar and others Vs. State of Maharashtra (First Appeal No.754 of 1986) and other connected matters had dealt with appeals arising out of awards made under section 18 of the said Act relating to lands situated at villages Panvel and Kamothe of Taluka Panvel, District Raigad who were notified by notification of the same date for same public purpose. For a land situated at distance of 2,200 meters from Bombay-Pune National Highway the Division Bench awarded market value of Rs.20/- per sq meter. The decision of Division Bench has attained finality. 4. In the present case Shri Ragho Mhatre the first claimant who deposed on behalf of the respondent-claimant stated in the cross-examination that the acquired land was at the distance of 550 meters from the Bombay Pune National Highway. Thus, market value of the acquired land will be minimum Rs.20/- per sq meter. : 3 : 3 : 3 : Hence, no fault can be found with the impugned judgment and award. There is no dispute regarding grant of statutory benefits. 5. Accordingly, First Appeal is dismissed with no orders as to costs. Judge. Judge. Judge.