1 208 wp.412.02 - Kharghar ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 412 OF 2002 The State of Maharashtra. ... Appellant Versus 1. Baliram Fakir Mohekar. 2. Smt. Tarabai Vishnu Ghadge. ... Respondents ----- Mr. A.R.Patil, AGP for the Appellant / State. ----- CORAM : A.S.OKA, J. DATE : 10 th October, 2011. ORAL JUDGMENT: 1 Heard the learned AGP appearing for the Appellant. 2 The Appellant – State of Maharashtra has taken an exception to the judgment and award dated 28 th November, 1996 passed by the trial Court in a reference under Section 28-A (3) of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 3 The acquired land bearing Survey No.99/5, admeasuring 6860 square meters is situated at village Kharghar, Taluka Panvel, District Raigad. The land was notified under Section 4(1) of the said 2 208 wp.412.02 - Kharghar Act on 3 th February, 1970 for the public purpose of setting up satellite city of New Bombay. The award under Section 11 of the said Act was made on 20 th May, 1985. Though the Respondent did not seek reference under Section 18 of the said Act, on the basis of the decision of the Reference Court in Land Acquisition Reference No.219 of 1986, the Respondents applied for redetermination of the market value under Sub-Section (I) of Section 28-A of the said Act. The re-determination of the market value at the rate of Rs.8/- per square meter was not accepted by the Respondents and at their instance, the reference under Section 28-A (3) of the said Act was made. By the impugned judgment and award, the market value has been fixed at the rate of Rs. 17/- per square meter and statutory benefits under Section 23(1-A), Section 23(2) and Section 28 of the said Act have been granted. 4 The submission of the learned AGP for the Appellant is that the market value fixed at the rate of Rs.17/- per square meter is excessive. His submission is that there is no evidence adduced of the comparable sale instances. 3 208 wp.412.02 - Kharghar 5 I have carefully considered the submissions. Vast tracts of lands situated in Taluka Panvel, District Raigad and in particular at village Kharghar were notified on 3 rd February, 1970 under Section 4(1) of the said Act for the same public purpose. In First Appeal No.875 of 1985 (Abdul Aziz Husenmiya Patel Vs. The Special Land Acquisition Officer) and other connected first appeals, decided by the Division Bench of this Court on 16 th March, 2000, this Court dealt with the lands notified on the same day for the same public purpose of setting up satellite city of New Bombay situated at villages Pendhar, Taloja, Owe, Belpada and Kharghar. 6 This Court held that the market value of the lands at village Kharghar abutting Sion – Panvel highway was Rs.22/- per square meter and the market value of the lands situated away from Sion – Panvel highway was Rs.18/- per square meter. The Division Bench made a deduction of 10% on account of development charges. In the present case, the evidence of the claimant shows that the acquired 4 208 wp.412.02 - Kharghar land is at a distance of 50 feet from the Sion – Panvel highway. On the basis of the evidence of Mr.Kaustubh Jeevan Kulkarni, a valuer, the trial Court recorded a finding that the distance between the acquired land and the Sion – Panvel highway was 80 meters. 7 The Division Bench after taking into account the deduction of 10%, fixed the market value at the rate of Rs.19.80/- per square meter for the land abutting to Sion – Panvel highway and the market value of Rs.16.20/- per square meter for the lands, which were far away from the said highway. The decision of the Division Bench has become final in the sense that the State Government has not challenged the same. Therefore, the market value fixed at the rate of Rs.17/- per square meter in the present case cannot be faulted with. There is no dispute about the grant of statutory benefits. 8 Hence, there is no merit in the appeal and the same is accordingly dismissed with no order as to costs. [ A.S.OKA, J ]