1 fa704-98 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 704 OF 1998 Atmaram Banu Mhatre ] (Since deceased through his LR's) ] Shevantabai Atmaram Patil (Mhatre) ] & Others ] .. Appellants V/s. Special Land Aquisition Officer, ] Metro Centre No.8, Panvel, ] District – Raigad. ] .. Respondent ..... Mr. Vishal S. Khanavkar for the applicants. Mr. A. R. Patil, AGP for respondent – State. ..... CORAM : A.S.OKA, J. DATE : JULY 22, 2011. ORAL JUDGMENT :- Taken up for final hearing. The challenge in this Appeal is to the Judgment and Award made by the trial Court in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquisition relates to a land admeasuring 1620 square meters situated at village Panvel, District Raigad. The land was notified under Section 4(1) on 3rd February, 1970 for public purpose of setting up satellite city of New Bombay. Award made under Section 11 of the said Act was not accepted by the original appellant and hence, at his instance, a reference under Section 18 of the said 2 fa704-98 Act was made. By the impugned Judgment and Award, market value has been fixed at the rate of Rs.12/- per square metre and statutory benefits under Section 23(1)(A), 23(2) and 28 have been granted. 2. The original appellant claimed enhancement in the market value at the rate of Rs.22/- per square metres. The learned counsel appearing for the appellants relied upon a decision of the Division Bench of this Court in the case of State of Maharashtra V/s. Prakash Vasudeo Deodher [2008 (5), Bom. C. R. 708). He submitted that as the acquired land is at the distance of 1000 meters from the National Highway, the appellant will be entitled to market value of Rs.23/- per square metre. I heard the learned AGP for the respondent. 3. The decision of this Court in the case of State of Maharashtra V/s. Prakash V. Deodhar (Supra) has become final. This Court dealt with the market value of the acquired lands situated at villages Panvel and Kamothe 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. Paragraph No.17 of the said decision reads thus: “ The claimants would be entitled to compensation for acquisition of their lands as under: 3 fa704-98 (a) Lands falling within 750 meters of the National Highway – Rs. 25/- per sq. metre. (b) Land falling within 750 to 1500 metres of the National Highway – Rs.23/- per sq. metre. (c) Lands falling beyond 1500 metres of the National Highway – Rs.21/- per sq. metre.” 4. In the present case, the acquired land is situated at the distance of 1000 metres from the National Highway. Hence, the case will be governed by category “b”. However, the market value claimed in Appeal is only at the rate of Rs.22/- per square metre which deserves to be granted. 5. Hence, I pass the following order: :: O R D E R :: i. The impugned Judgment and Award dated 26th September, 1997 is modified. The appellant shall be entitled to total market value of Rs.22/- per square metre. In addition, the appellant will be entitled to statutory benefits under Section 23(1)(A), 23(2) and 28 of the said Act. Appellant will be entitled to proportionate costs of the Reference and 4 fa704-98 this Appeal from the respondents. ii. Exercise of determining the amount in terms of modified Award shall be carried out by the Reference Court within a period of three months from the date of which writ of the Judgment is received by this Court. iii. Additional compensation shall be deposited within three months from the date on which the amount is determined. iv. Appeal is partly allowed on the above terms. (A.S.OKA, J.)