1 fa962,963,964,965 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.962 OF 1998 WITH State of Maharashtra ...Appellant vs. Nagibai Shankar Patil & Ors. ...Respondents AND FIRST APPEAL NO.963 OF 1998 WITH State of Maharashtra ...Appellant vs. 1 Nagibai Shankar Patil 2/1 Sadashiv Jairam Patil 2/2 Keshav Jairam Patil 2/3 Shaniwar Dharma Bhoir 2/4 Shawanti Kisan Kathara 2/5 Sushila Bapurao Patil 2/6 Barkubai Kamlakar Dharanekar ...Respondents AND FIRST APPEAL NO.964 OF 1998 WITH State of Maharashtra ...Appellant vs. 1 Nagibai Shankar Patil 2/1 Sadashiv Jairam Patil 2/2 Keshav Jairam Patil 2/3 Shaniwar Dharma Bhoir 2/4 Shawanti Kisan Kathara 2/5 Sushila Bapurao Patil 2/6 Barkubai Kamlakar Dharanekar ...Respondents FIRST APPEAL NO.965 OF 1998 WITH State of Maharashtra ...Appellant vs. 1 Nagibai Shankar Patil 2 Sadashiv Jairam Patil 3 Keshav Jairam Patil 4 Shaniwar Dharma Bhoir 5 Shawanti Kisan Kathara 6 Sushila Bapurao Patil 7 Barkubai Kamlakar Dharanekar ...Respondents 2 fa962,963,964,965 Mr.A.R.Patil, A.G.P for the appellant in all appeals None for the respondent CORAM : A.S.OKA,J. DATE : APRIL 5,2011 ORAL JUDGMENT: 1 These appeals can be disposed of by a common Judgment as the same arise out of a common Judgment passed by the Reference Court in four separate references under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). 2 The acquisition relates to the lands at village Tembode, Taluka Panvel, District Raigad which were notified under section 4(1) of the said Act for the public purpose of setting up satellite city of New Bombay. The total area of the acquired lands subject matter of the four references is is 10,240 sq.meter. The award passed by the Special Land Acquisition Officer was not accepted by the respondents-claimants and at their instance, references under section 18 of the said Act were made where the market rate claimed was Rs.15/- per sq. meter. By the impugned Award, the market rate has been fixed at Rs.10/- per sq. meter. 3 The learned A.G.P for the appellant submitted that the respondents-claimants have not adduced any evidence of comparable sale instances of the lands from the same village. He submitted that for determining the market value of the acquired lands reliance has been placed on the market value of the lands in villages which are far away from the village Tembode. Hence, he submitted that the market rate fixed by the Reference Court is excessive. 3 fa962,963,964,965 4 I have considered the submissions carefully. It is not in dispute that during the years 1968-1972 various lands situated in 96 villages of Districts Raigad and Thane were notified for the public purpose of setting up satellite city of New Bombay by issuing notifications under section 4(1) of the said Act. 5 Judicial notice of this aspect has been taken by the Apex Court in case of Avinash Dhavaji Naik Vs. State of Maharashtra [2001 (11) S.C.C. Page 171]. The Apex Court dealt with a case of land at village Wahal in Taluka Panvel of District Raigad which was notified under section 4(1) of the said Act on the same date for the same public purpose. The Apex Court has also observed that there were no sale transactions in the said village. It was observed that there was no electricity in the village Wahal in the year 1970. The Apex Court fixed the market value at the rate of Rs.10/- per square meter. 6 The claimants examined their Constituted Attorney. There also examined Shri Jeevan N.Kularni, a valuer as a witness. The appellant examined a witness Shri Prabhakar Amike. He admitted that in the year 1970, electricity supply was available in village Tembode. In the cross examination of the Constituted Attorney of the claimants it is brought on record that the villages Asudgaon and Walavali are adjoining villages of village Tembode. Village Tembode is located near Panvel Wawanje road which was in existence in the year 1970. The market value of the land situated adjoining villages Asudgaon and Walawali has been fixed by this Court at a rate more than Rs.10/- per sq.meter. 7 As pointed out earlier, by the impugned award, the market value has been fixed at the rate of Rs.10/- per 4 fa962,963,964,965 sq.meter. Going by the decisions of this Court in respect of the adjoining villages, the market value of Rs.10/- has been reasonably fixed. Hence, there is no merit in the appeals and the same are dismissed with no order as to costs. 8 Civil Application nos.4068 and 4069 of 2002 do not survive and the same are disposed of. JUDGE