1 fa388-89-90-07j rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 388 OF 2007 The State of Maharashtra .. Appellant V/s. Hirabai Dattu Madhavi (Since deceased through her LR's) Arun Dattu Madhavi & Ors. .. Respondents WITH FIRST APPEAL NO.389 OF 2007 The State of Maharashtra .. Appellant V/s. Dattu Raghu Madhavi (Since deceased through his LR's) Arun Dattu Madhavi & Ors. .. Respondents WITH FIRST APPEAL NO.390 OF 2007 The State of Maharashtra .. Appellant V/s. Hirabai Dattu Madhavi (Since deceased through her LR's) Arun Dattu Madhavi & Ors. .. Respondents ..... Mr. A. R. Patil, AGP for the Appellant – State. Ms. Samta Kakade i/b. Mr. Rahul Thakur for the respondents. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 5, 2011. ORAL JUDGMENT : Taken up for final hearing. Heard the learned AGP appearing for the appellant. The challenge in these Appeals is 2 fa388-89-90-07j to the Judgment and Award made by the Reference Court in References under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). By the impugned Judgment, three references which are the subject matter of these Appeals were decided. The acquired lands are situated at village Ulwe, Taluka Panvel, District Raigad which were notified for acquisition under Section 4(1) of the said Act on 3rd February, 1970 for setting up of satellite city of Navi Mumbai. The market value offered by the Special Land Acquisition Officer by an Award under Section 11 of the said Act was not accepted by the respondents – claimants and, therefore, at their instance, references under Section 18 of the said Act were made. By the impugned Judgment, the market value has been fixed at the rate of Rs.11/- per square metre. In addition, statutory benefits under Section 23(1-A), 23(2) and 28 have been granted. 2. This Court has decided several Appeals arising out of the references under Section 18 of the said Act relating to the lands at village Ulwe, Taluka Panvel, District Raigad which were notified for the same public purpose on the same date. This Court has taken a consistent view that the market value of the lands at village Ulwe on the relevant date was Rs.12/- per square metre. One such decision dated 12th April, 2005 is in the 3 fa388-89-90-07j First Appeal No.83 of 1992 and 959 of 1991. 3. The decisions of this Court fixing the market value of Rs.12/- per square metre have attained finality. Hence, no fault can be found in the impugned Judgment and Award by which the market value has been fixed at Rs.11/- per square metres. There is no merit in the Appeals and the Appeals are accordingly dismissed with on order as to costs. (A.S.OKA, J.)