1 218.fa.88.95 anr ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 88 OF 1995 The State of Maharashtra, Through the Special Land Acquisition Officer. ... Appellant Versus 1. Smt. Janabai Hari Madhavi. 2. Savalaram Narayan Madhdvi. ... Respondents ALONGWITH FIRST APPEAL NO. 89 OF 1995 The State of Maharashtra, Through the Special Land Acquisition Officer. ... Appellant Versus M/s. Aba Satraji and Company and others. ... Respondents ----- Mr. A.R.Patil, AGP for the Appellant. Mr. K.N.Kore for Respondent Nos.1 and 2. ----- CORAM : A.S.OKA, J. DATE : 25 th January, 2011. 2 218.fa.88.95 anr ORAL JUDGMENT: 1 Heard the learned AGP for the Appellant and the learned counsel appearing for the Respondents in both the appeals. 2 The challenge in both the appeals is to the judgments and awards made by the Reference Court in the reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquisition relates to lands at village Gothivali in taluka and district Thane, which were notified under Section 4 of the said Act on 4 th February, 1970 for acquisition for setting up satellite city of new Bombay. The Reference Court fixed market value of the acquired lands at the rate of Rs.12/- per square meter. By award dated 21 st May, 1986, the Special Land Acquisition Officer had offered market value at the rate of Rs.4.20/- per square meter. 3 The submission of the Appellant – State is that the market value is fixed by the Reference Court is on the higher side as there was no evidence adduced of comparable sale instances. 3 218.fa.88.95 anr 4 The learned counsel appearing for the Respondent relied upon a decision of this Court in First Appeal No. 1132 of 1994 ( State of Maharashtra Vs. Rajaram Chahu Mhatre and others), which was decided on 17 th January, 2005. He submitted that for similarly situated lands, market value at the rate of Rs.12/- per square meter was confirmed by this Court. 5 I have given careful consideration to the submissions. Between 1967 to 1972, lands falling within the limits of 96 revenue villages of Taluka Panvel, District Raigad and Taluka Thane, District Thane were notified for acquisition under Section 4 of the said Act for the purposes of setting up satellite city of new Bombay. Perusal of the judgment of this Court dated 17 th January, 2005 in First Appeal No. 1132 of 1994 shows that the same related to acquisition of lands admeasuring 4098 square meter at village Gothivali, which was notified for acquisition on 4 th February, 1970. Even in the said case, the Land Acquisition Officer offered market value at the rate of Rs.4.20/- per square meter. The 4 218.fa.88.95 anr Reference Court enhanced the market value to Rs.12/- per square meter. This Court dismissed the appeal preferred by the State Government and confirmed the market value at the rate of Rs.12/- per square meter. 6 In First Appeal No. 89 of 1995, the land subject matter of acquisition admeasures 1745 square meters. In First Appeal No. 88 of 1995, the area of the acquired land is 6728 square meters. In view of the judgment of this Court dated 17 th January, 2005 in First Appeal No.1132 of 1994, there is no reason to disturb the market value fixed by the Reference Court. As the awards under Section 11 of the said Act were made in the year 1986, there cannot be any dispute regarding grant of statutory benefits under Section 23 (1A), 23 (2) and Section 28 of the said Act. 7 Accordingly, the appeals are dismissed with no order as to costs. [ A.S.OKA, J ]