ash 1 fa-310-oj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.310 OF 1997 The State of Maharashtra. .. Appellant Vs Shri Hemantkumar Gajanan Lad. .. Respondent -- Shri A.R. Patil, AGP for the Appellant. -- CORAM ; A.S. OKA, J DATED : 14TH MARCH, 2011 ORAL JUDGMENT: . Heard learned AGP for the Appellant. The challenge in this Appeal is to the judgment and award dated 28th February, 1994 passed by the Reference Court in a Reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). 2. The acquired land is situated at village Ulwe, Taluka Panvel, District Raigad. The Notification under Section 4(1) of the said Act was issued on 3rd February, 1970 by which the land was notified for the public purpose of setting up satellite city of New Bombay. The award under Section 11 of the said Act was made in the year 1986. The Reference Court by the impugned judgment and award fixed the market value at the rate of Rs.8/- per sq. metre. The Respondent did ash 2 fa-310-oj not accept the award and hence, a reference under Section 18 of the said Act was made. 2. After having heard the learned AGP for the Appellant, I find that no case is made out for interference with the impugned order. 3. In First Appeal No.83 of 1992 and First Appeal No.959 of 1991, this Court dealt with the Appeals arising out of the Awards made under Section 18 of the said Act preferred by the State of Maharashtra. The Appeals related to the lands at village Ulwe which were notified for the same public purpose on the same date. This Court upheld the claim made by the Claimants therein of the market value at Rs.12/- per sq. metre. Hence, it is not possible to find fault with the market value fixed at the rate of Rs.8/- per sq. metre. There is no merit in the Appeal and the same is dismissed with no orders as to costs. ( A.S. OKA, J )