ash 1 fa-111.98 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 111 OF 1998 Pandarinath Babu Patil & Others. .. Appellants Vs The Special Land Acquisition Officer. .. Respondent -- Shri Rajiv L. Patil for the Appellants. Shri A.R. Patil, AGP for the Respondent. -- CORAM : A.S. OKA, J DATED : 17TH FEBRUARY, 2011 Judgment: . The original Claimants in a Reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”) have preferred this Appeal for challenging the judgment and award dated 28th August, 1991 passed by the learned Additional District Judge, Raigad at Alibag. The lands subject matter of acquisition are situated at village Valavali, Taluka Panvel, District Raigad which were notified under Section 4 of the said Act on 3rd February, 1970 for the public purpose of setting up satellite city of New Bombay. The award under ash 2 fa-111.98 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.12/- per sq. metre. 2. Learned counsel appearing for the Claimants placed reliance on a decision of this Court dated 22nd April, 2004 passed in First Appeal No. 25 of 1993 ( State of Maharashtra vs. Shri Ramdas Dhaya Patil ). Learned counsel appearing for the Appellants submitted that the case in hand is covered by the said decision which has fixed the market value of Rs.14/- per sq. metre for a similarly situated lands in the same village acquired for the same public purpose. The learned AGP supported the impugned judgment and award. 3. I have given careful consideration to the submissions. In First Appeal No.25 of 1993, this Court dealt with the acquisition of land at village Valavali, Taluka Panvel, District – Raigad which was notified under a notification of the same date for the said public purpose. This Court after considering the location of the acquired land in the same village came to the conclusion that the market value ought to have been fixed at Rs.15/- per sq. Metre. This Court held that 10% deduction will have to be made on account of development cost. Thus, the net market value was fixed at the rate of Rs.13.50/-. The said decision has become ash 3 fa-111.98 final. The decision of this Court will govern the claim in the Appeal and to that extent, the Appeal will have to be allowed. 4. Hence, I pass the following order. ORDER (a) The First Appeal is partly allowed. (b) The impugned judgment and award is modified and it is directed that the Appellants shall be entitled to the market value of the acquired land at the rate of Rs.13.50 ps per sq. Metre(inclusive of the market value offered by the Special Land Acquisition Officer). (c) The Claimant will be entitled to proportionate costs of the Reference as well as Appeal. (d) In addition, the Claimants will be entitled to statutory benefits under Section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. ash 4 fa-111.98 (e) The exercise of determining the compensation payable as per the modified award shall be carried out by the Reference Court within a period of three months from the date on which the writ of this judgment is received by the said Court. (f) Excess amount shall be deposited by the State Government within a period of three months from the date on which the compensation amount is determined by the Reference Court. ( A.S. OKA, J )