ash 1 fa-454.90 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.454 OF 1990 Pawasha Vithu Khutarkar, since deceased through his legal representatives - 1(a) Rama Pawasha Khutarkar & Ors. .. Appellants Vs Special Land Acquisition Officer .. Respondent -- Shri R.L. Patil for the Appellants. Shri A.R. Patil, AGP for the Respondent. -- CORAM : A.S. OKA, J DATED : 11TH OCTOBER, 2011 ORAL JUDGMENT : . Heard learned counsel appearing for the Appellants and the learned AGP appearing for the Respondent. 2. The Appellant is the Original Claimant in a Reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). The acquired land is bearing Survey No. 259/0 of village Navade, Taluka-Panvel, District – Raigad admeasuring 122240 square meters. The acquired land was notified for New Bombay project under Section 4(1) of the said Act ash 2 fa-454.90 on 3rd February, 1970. The award under Section 11 of the said Act was made on 2nd August, 1986. The market value offered under the said award was not accepted and at the instance of the Appellants, a reference under Section 18 of the said Act was made. The Appellants claimed market value at the rate of Rs.25/- per square meter. By the impugned Judgment and award, the market value has been fixed at the rate of Rs.10/- per sq. meter. In addition, the statutory benefits under Section 23(1-A), 23(2) and 28 of the said Act have been granted. 2. Learned Counsel appearing for the Appellants has relied upon various decisions of this Court in relation to the lands at Village Navade which were notified on the same date for the same public purpose. He submitted that in view of the decisions of this Court which have become final, the market value at the rate of Rs. 25/- ought to have been awarded. The Learned AGP appearing for the Respondent supported the impugned judgment and award and submitted that the original claimants have not discharged the burden of proving that the market value offered was inadequate. 3. I have carefully considered the submissions. It is not in dispute that the lands situated in a large number of Villages in Taluka-Panvel, District - Thane were notified on 3rd February, 1970 ash 3 fa-454.90 for the public purpose of setting up satellite city of New Bombay. Several lands in village Nawade were notified on the same date i.e. 3rd February, 1970 for the same public purposes. This Court had decided various appeals arising out of the awards under Section 18 of the said Act in relation to the lands at Village Navade. In First Appeal No. 423 of 1996 (State of Maharashtra vs. Chandrakant Bhima Patil) along with other connected Appeals decided on 16th September, 2004, relying upon another decision of the Division Bench, this Court fixed the market value at the rate of Rs.25/- per square meter. 4. On 27th February, 2002, this Court decided the First Appeal No. 54 of 1992 (Bhagwan Ganpat Patil and Ors. Vs. State of Maharashtra) along with Cross Appeals preferred by the State of Maharashtra in relation to the lands at Village Navade which were acquired on the same date for the same public purpose. This Court held that in case of lands which were situated very close to the Bombay–Pune National Highway, the market value at the rate of Rs. 25/- per square meter deserves to be granted. In the present case, the Learned Trial Judge in para 12 of the impugned judgment and order has recorded the undisputed position that the acquired land is abutting the Bombay–Pune National Highway. The decision of the Division Bench as well as the decision of this Court dated 27th ash 4 fa-454.90 February, 2007 have attained finality in the sense that the same have not been challenged by the State Government. Therefore, in the present case, the market value will have be fixed at the rate of Rs. 25/- per square meter. The Appellants will be entitled to the statutory benefits under Sections 23(1-A), 23(2) and 28 of the said Act. 5. Hence, I pass the following order : (i) The Appellants shall be entitled to the total market value at the rate of Rs. 25/- per square meter (inclusive of the amount offered under Section 11 of the said Act) together with the statutory benefits under section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (ii) The Appellants shall be entitled to proportionate costs of the Reference as well as this Appeal from the Respondent. (iii) The Reference Court shall complete the exercise of determining compensation payable to the Claimants in terms of the modified award within a period of three months from the date on which writ ash 5 fa-454.90 of this judgment is received by the Reference Court. (iv) Excess amount shall be deposited by the Appellants with the Reference Court within a period of three weeks from the date on which determination is made by the Reference Court. (v) The Appeal is allowed on above terms. ( A.S. OKA, J )