ash 1 fa-205.01withXobjst-16644.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 205 OF 2001 WITH CROSS OBJECTION ST. NO. 16644 OF 2006 The State of Maharashtra .. Appellant Vs Shri Ramkrishna Gajanan Lad & Ors. .. Respondents -- Shri A.R. Patil, AGP for the Appellant-State. Shri Rahul S. Thakur for the Respondent (absent). -- CORAM : A.S. OKA, J DATED : 18TH MARCH, 2011 ORAL JUDGMENT : . The challenge in this Appeal and the Cross Objection is to the judgment and award made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquired lands bearing Survey Nos. 20/1, 20/3, 26/2, 26/3, 27/3, 39/2, 47/1, 47/2 and 47/3 are situated at village Ulve,Taluka Panvel, District Raigad which were notified under Section 4(1) of the said Act on 3rd 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 Claimants/Respondents and, therefore, a reference was made under Section 18 of the said Act at the instance of the Respondents. The market value at the rate of Rs. 8/- per sq. metre was fixed by the Reference Court by the impugned award. ash 2 fa-205.01withXobjst-16644.06 2. Heard learned AGP appearing for the Applicant. It will be necessary make a reference to the judgment and order dated 12th April, 2005 passed by this Court in First Appeal No.83 of 1992 and First Appeal No.959 of 1991. This Court was dealing with the appeals arising out of the awards made under Section 18 of the said Act relating to the lands at village Ulve, Taluka Panvel, District – Raigad which were notified for acquisition for the same public purpose under the notification dated 3rd February, 1970. After considering the other decisions of this Court, a finding was recorded that the market value of the acquired lands at village Ulve on the relevant date was Rs.12/- per sq. metre. The decision of this Court dated 12th April, 2005 has attained finality as the same has not been challenged by the State Government. 3 The aforesaid decision of this Court will obviously apply to the present Appeal and Cross Objection. Therefore, the market value of the acquired lands will have to be fixed at Rs.12/- per sq. metre. In the circumstances, the Appeal preferred by the State Government will have to be dismissed and the Cross objections preferred by the Claimants will have to be partly allowed. Hence, I pass the following order. ORDER : (a) First Appeal No.205 of 2001 is dismissed with no orders as to costs. (b) Cross Objection Stamp No.16644 of 2006 is partly allowed. The market value of the acquired land is fixed at Rs.12/- per sq. metre (inclusive of the market value offered by the Special ash 3 fa-205.01withXobjst-16644.06 Land Acquisition Officer). The Claimants will be entitled to proportionate costs of the Reference as well as the Cross Objection. 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. (c) 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. (d) Enhanced compensation 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. (e) Civil Application No.1032 of 2001 does not survive and the same is disposed of. ( A.S. OKA, J )