1 fa761-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 761 OF 2011 ALONGWITH CIVIL APPLICATION NO. 365 OF 2007 The State of Maharashtra .. Appellant (Orig. Opponent) V/s. Pandurang Dhondu Bhopi .. Respondent (Orig. Claimants) .... Mr. A. R. Patil, AGP for the appellant – State. Mr. Jayant Gaikwad for the respondent. .... CORAM : A.S.OKA, J. DATE : JUNE 30, 2011. ORAL JUDGMENT: Heard the learned counsel appearing for the appellant – State and the learned counsel appearing for the respondent. Considering the narrow controversy involved, the Appeal is taken up for final disposal. 2. The challenge in this Appeal is to the Judgment and Award dated 29th April, 2005, passed by the trial Court in Land Acquisition Reference No. 181 of 2002, which is a Reference under Section 28(A-3) of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquired land is situated at village Kamothe, 2 fa761-11 Taluka Panvel, District Raigad which was notified on 3rd February, 1970 for the public purpose of setting up satellite city of New Bombay. By the impugned Judgment and Award, the market value has been fixed at the rate of Rs.26/- per square meter and in addition, statutory benefits have been granted. 3. In the case of State of Maharashtra V/s. Prakash Vasudeo Deodhar [(2008) 5 BCR 708], this Court dealt with Appeals arising out of the Awards made under Section 18 of the said Act in relation to lands of village Panvel and Kamothe notified for acquisition on 3rd February, 1970 for the same public purpose. In respect of the lands situated at the distance of 750 meters from the Bombay Pune National Highway, the Division Bench fixed the market value at the rate of Rs.25/- per square meter. In the present case, the acquired land is situated at the distance of 500 meters from the said National Highway. Therefore, the market value fixed by the trial Court will have to be reduced to Rs.25/- per square meter. 4. Hence, I pass following order: :: O R D E R :: i. The impugned Award is modified and the market value is reduced to Rs.25/- per square meter. Rest of the impugned Award is confirmed. Appeal is partly allowed on the above terms with no order as to costs. 3 fa761-11 ii. Civil Application No.365 of 2007 does not survive and the same is disposed of. (A.S.OKA, J.)