ash 1 fa-13.02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO.13 OF 2002 The State of Maharashtra. .. Appellant Versus Shri Namdeo Narayan Patil & Others. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. Shri C.G. Gavanekar for the Respondents. -- CORAM : A.S. OKA, J DAavali, : 18TH MARCH, 2011 ORAL JUDGMENT : . Heard learned AGP for the Appellant and the learned counsel appearing for the Respondents. 2. The challenge in this Appeal is to the judgment and award dated 17th April, 1998 passed by the Reference Court in a Reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). The acquisition relates to the lands at village Valawali, 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 on 26th September, 1986 was not accepted by the Respondents-Claimants and at their instance, the Reference was made under Section ash 2 fa-13.02 18 of the said Act. By the impugned Award, the market value has been fixed at the rate of Rs.25/- per sq. metre. 3. Learned AGP relied upon a decision of this Court dated 22nd April, 2004 passed in First Appeal No.25 of 1993 (State of Maharashtra v. Shri Ramdas Dhaya Patil). He submitted that in case of similarly situated lands from the same village which were notified on the same date for the same public purpose, this Court has fixed the market value of Rs.15/- per sq. metre and has made further deduction on account of development charges. Learned counsel appearing for the Respondents submitted that on the basis of the evidence adduced by the Respondents of a comparable sale instance, the Trial judge has fixed the market value at Rs.25/- per sq. metre which cannot be disturbed. 4. I have given careful consideration to the submission. Perusal of the judgment shows that the leraned judge has relied upon a decision in the Reference under Section 18 of the said Act in respect of village Kalamboli wherein the market value was fixed at the rates ranging from Rs.25/- to Rs.35/- per sq. metre. In Paragraph 13 the learned Judge has relied upon a decision of the Reference Court relating to the lands situated within the municipal limits of Panvel municipal Council. 5. Perusal of the judgment dated 22nd April, 2004 passed by this Court shows that this Court dealt with acquisition of land at village Valawali which was notified on the same date for the same public purpose. This Court considered the ash 3 fa-13.02 location of village Valawali and various positive as well as negative factors. After considering the decision of the Division Bench of this Court in respect of adjoining villages, this Court held that the market value of the acquired land in the same village will be Rs.15/- per sq. metre. This Court after making deduction on account of development cost has fixed the market value at Rs.14/- per sq. metre as reflected in Paragraph 8 of the said judgment. 6. The Trial Court relied upon the awards relating to the lands in other villages. Now, the decision of this Court in respect of a land situated in the same village holds that the market value of the acquired land as of 3rd February, 1970 was Rs.14/- per sq. metre. In the circumstances, the impugned award will have to be modified and the market value will have to be reduced. 7. Hence, I pass the following order. ORDER : (a) Appeal is partly allowed. (b) The impugned judgment and award is modified and it is directed that the Appellant shall be entitled to the market value at the rate of Rs.14/- per sq. metre (inclusive of the market value offered by the Special Land Acquisition Officer). ash 4 fa-13.02 (c ) In addition, the Respondents will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (iv) There will be no orders as to costs in the First Appeal. ( A.S. OKA, J )