1 16 fa.766.96 - Dapoli ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 766 OF 1996 The State of Maharashtra. ... Appellant Versus 1. Pandharinath Balya Ghopadkar. 2. Hanumanta Balya Ghopadkar. ... Respondents ----- Mr. A.R.Patil, AGP for the Appellant / State. Mr. Rajiv Patil for the Respondents. ----- CORAM : A.S.OKA, J. DATE : 10 th October, 2011. ORAL JUDGMENT: 1 Taken up for final disposal. 2 Heard the learned AGP appearing for the Appellant and the learned counsel appearing for the Respondents. 3 By the impugned judgment and award, the trial Court has allowed a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 2 16 fa.766.96 - Dapoli 4 The acquisition relates to a lands situated at village Dapoli, Taluka Panvel, District Raigad, which was notified for acquisition under Section 4(1) of the said Act on 3 rd February, 1970 for the public purpose of setting up satellite city of New Bombay. The award made under Section 11 of the said Act was not accepted by the Respondents – claimants. At their instance, a reference under Section 18 of the said Act was made in which claim was made for enhancement in the market value at the rate of Rs.20/- per square meter. By the impugned judgment and award, the market value has been fixed by the Reference Court at the rate of 5/- per square meter. In addition, statutory benefits under Section 23 (1-A), 23 (2) and Section 28 of the said Act have been granted. 5 This Court has dealt with large number of appeals arising out of awards under Section 18 of the said Act relating to lands at village Dapoli, which were notified on the same day for the same public purpose. A Division Bench of this Court in First Appeal No.462 of 1990 and other connected appeals, by the judgment and order 3 16 fa.766.96 - Dapoli dated 18 th July, 2001, held that the market value of the acquired lands in the village Dapoli notified on the same date for the same public purpose was Rs.10/- per square meter. The decision of the Division Bench of this Court has attained finality in the sense that the State has not challenged the same. Hence, no fault can be found with the market value fixed at the rate of Rs.5/- per square meter. 6 There is no merit in the appeal and the same is dismissed with no order as to costs. [ A.S.OKA, J ]