1 222 fa.848.95 - 1302.96 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 848 OF 1995 The State of Maharashtra. ... Appellant Versus Dashrath Goma Mahatre. ... Respondent ALONGWITH FIRST APPEAL NO. 1302 OF 1996 Dashrath Gona Mhatre. ... Appellant Versus The State of Maharashtra. ... Respondent ----- Mr. A.R.Patil, AGP for the State in both the Appeals. Mr. Rajiv L. Patil for the Appellant in First Appeal No.1302 of 1996. ----- CORAM : A.S.OKA, J. DATE : 25 th January, 2011. ORAL JUDGMENT: 1 These cross appeals can be disposed of by a common judgment. The impugned judgment and award has been made in a 2 222 fa.848.95 - 1302.96 reference under Section 18 of the Land Acquisition Act, 1984 (hereinafter referred to as “the said Act”). 2 The acquisition relates to land bearing Survey No.53, Hissa No.1/6 admeasuring 3640 sq.mtrs at village Dapoli, Taluka Panvel, District Raigad. Notification under Section 4 of the said Act dated 3 rd February, 1970 issued by which the land was notified for acquisition for the purposes of setting up satellite city of new Bombay. Award under Section 11 of the said Act was made on 23 rd August, 1986. The Reference Court fixed market value at the rate of Rs.5/- per sq.mtr and granted all statutory benefits. 3 First Appeal No. 848 of 1995 has been filed by the State Government for challenging the award. First Appeal No. 1302 of 1996 has been filed by the original claimant for enhancement in compensation. 4 The learned counsel appearing for the claimant placed reliance on a decision of Division Bench of this Court dated 18 th July, 3 222 fa.848.95 - 1302.96 2001 in First Appeal No. 462 of 1990 and other connected first appeals. He submitted that in case of similarly situated land from the same village notified on the same date, the Division Bench fixed market value of the acquired land at the rate of Rs.10/- per sq.mtr. He submitted that the market value in the present case will be governed by the said decision. The learned AGP appearing for the State Government supported the impugned judgment and award by stating that there was no evidence adduced of the comparable sale instances. 5 I have given careful consideration to the submissions. It is not in dispute that lands falling within the limits of 96 revenue villages in Taluka Panvel, District Raigad and Taluka Thane, District Thane were notified for acquisition from the year 1967 to 1972 for the purposes of setting up of satellite city of new Bombay. 6 First Appeal No. 472 of 1990 dealt with by the Division Bench arose out of a reference under Section 18 of the said Act decided in respect of the land at village Dapoli notified for acquisition on 3 rd 4 222 fa.848.95 - 1302.96 February, 1970 for the same public purpose. After considering the various aspects and material on record, the Division Bench held that the market value of the lands at village Dapoli was Rs.10/- pe sq.mtr. Therefore, in respect of the agricultural lands from the same village notified for the same public purpose on the same day, market value has been fixed at the rate of Rs.10/- per sq.mtr. Therefore, the market value of the land subject matter of these appeals will have to be fixed at the rate of Rs.10/- per sq.mtr and to that extent, appeals preferred by the original claimant will have to be allowed. 7 Hence, I pass the following order: i. First Appeal No.848 of 1995 is dismissed with no order as to costs; ii. First Appeal No. 1302 of 1996 is partly allowed ; iii. The market value of the acquired land is fixed at the rate of Rs.10/- per sq.mtr (inclusive of the market value offered by award under Section 11 of the said Act) ; 5 222 fa.848.95 - 1302.96 iv. In addition to the market value, the original claimant will be entitled to statutory benefits under Section 23 (1) (A), 23 (2) and Section 28 of the said Act ; v. The claimant will be entitled to proportionate costs of the reference as well as First Appeal No. 1302 of 1996 ; vi. The Reference Court shall calculate the compensation payable as per the modified award within a period of three months from the date on which writ of this judgment is received by the said Court ; vii. Time of three months is granted to the State Government to deposit balance compensation amount from the date on which compensation amount is determined by the Reference Court. [ A.S.OKA, J ]