ash 1 fa-906.11withxojcst-15890.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.906 OF 2011 ALONG WITH CROSS OBJECTION ST. NO. 15890 OF 2011 The State of Maharashtra. .. Appellant. Vs Shri Gundya Kuthya Bhoir .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Shri R.S. Ghadge for the Respondent. -- CORAM ; A.S. OKA, J DATED : 1ST AUGUST, 2011 ORAL JUDGMENT: . The challenge by the Appellant- State of Maharashtra is to the judgment and award dated 4th January, 1997 passed by the learned Civil Judge, Senior Division, Panvel, in a Reference under Section 28- A(3) of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act. 2. The acquisition relates to the Survey No.68/4 admeasuring 3047 sq. meters situated at village Kharghar, Taluka Panvel, District – Raigad. The lands were notified for acquisition under Section 4(1) of the said Act on 3rd February, 1970 for a public purpose of setting up satellite city of New Bombay. The award under Section 11 of the said ash 2 fa-906.11withxojcst-15890.11 Act was made on 30th July, 1986. The Respondent claimant did not apply for a reference under Section 18 of the said Act. On the basis of another award of the Reference Court, an application was made by the Respondent for re-determination of the market value under Section 28- A of the said Act. Being aggrieved by the re-determination of the market value by the Special Land Acquisition Officer, a Reference was made under Section 28-A(3) of the said Act at the instance of the Respondent. In the Reference, the Respondent Claimed the market value at the rate of Rs.25/- per sq. meter. The Reference Court fixed the market value at the rate of Rs.15/- per sq. meter and granted statutory benefits under Section 23(1-A), 23(2) and 28 of the said Act. The Appeal preferred by the State Government is for setting aside the said judgment and award. There is a cross-objection filed by the Respondent for enhancement in the market value. The Respondent Claimed the market value at the rate of Rs.20/- per sq. meter. 3. I have heard the learned AGP for the Appellant and the learned counsel appearing for the Respondent. It is not in dispute that the lands falling within 96 revenue villages of Districts Thane and Raigad were notified from the years 1967 to 1972 under Section 4(1) of the said Act for the public purpose of setting up satellite city of New Bombay. The Division Bench of this Court decided a group of Appeals by its judgment and order dated 16th March, 2000. The Division Bench ash 3 fa-906.11withxojcst-15890.11 decided the First Appeal No.875 of 1985 ( Abdul Aziz Husenmiya Patel v. Special Land Acquisition Officer) and other connected Appeals which related to the lands at villages Pendhar, Taloja, Panchand, Owe, Belpada and Kharghar in Taluka Panvel, District – Raigad which were notified under Section 4(1) of the said Act on 3rd February, 1970 for the same public purpose. In case of lands at village Kharghar, the Division Bench held that the market value of the lands abutting the Sion Panvel National Highway will be Rs.22/- per sq. meter and the market value of the lands which are away from Sion Panvel National Highway will have to be determined at the rate of Rs.18/- per sq. meter. The Division Bench granted deduction of 10% on account of development charges. The said judgment has become final in the sense that the same was not challenged by the State of Maharashtra. 4. Now turning to the facts of the present case, the distance between the acquired lands and Sion Panvel National Highway is 800 meters. Therefore, the lands will fall in the second category as per the aforesaid decision of the Division Bench of this Court. The market value will have to be fixed at the rate of Rs.18/- per sq. meter. After deducting 10% on account of development charges, the market value will have to be fixed at Rs.16.20 ps per sq. meter. 5. Hence, the Appeal preferred by the Appellant-State must ash 4 fa-906.11withxojcst-15890.11 fail and the Cross Objection will have to be allowed partly. ORDER : (i) The First Appeal No. 906 OF 2011 is dismissed with no orders as to costs. (ii) The Cross Objection Stamp No. 15890 of 2011 is partly allowed. (iii) The total market value of the acquired lands is fixed at Rs.16.20 ps. per sq. meter ( inclusive of the market value offered by the Special Land Acquisition Officer). In addition, the Respondent will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (iv) The Reference Court shall determine the compensation payable in terms of the modified Award within a period of three months from the date on which the writ of the judgment is received by the said Court. ash 5 fa-906.11withxojcst-15890.11 (v) Time of three months is granted to the State Government to deposit the balance compensation amount from the date on which compensation amount is determined. (vi) The Respondent/Claimant will be entitled to proportionate costs of the Reference and the Cross Objection. ( A.S. OKA, J )