ash 1 209fa-792.94 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.792 OF 1994 The State of Maharashtra. .. Appellant Vs Shri Rama Bandu Patil & Others. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. -- CORAM ; A.S. OKA, J DATED : 14TH MARCH, 2011 JUDGMENT : . Heard learned counsel appearing for the Appellant. By this Appeal, the State of Maharashtra has taken an exception to the judgment and award dated 20th March, 1993 by which a reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act” ) has been decided. 2. The acquisition relates to the land situated at village Savali, Taluka and District Thane which was notified under Section 4(1) of the said Act on 13th September, 1968 for the purposes of setting up of a satellite city of New Bombay. The Reference Court awarded the market value at the rate of Rs.10/- per sq meter. ash 2 209fa-792.94 3. First Appeal No.280 of 1995 and First Appeal No.509 of 1995 were preferred by the State Government in this Court for challenging the awards made under Section 18 of the said Act in respect of the lands in the same village which were notified for the same public purpose. The lands subject matter of the said Appeal were notified under Section 4(1) of the said Act on 4th February, 1970. This Court by the judgment and order dated 24th September, 2009 held that the market value at the rate of Rs.10/- per sq meter has been rightly awarded. 4 It must be noted here that 96 villages in Taluka Thane, District- Thane and Panvel and Uran Taluka of District Raigad were notified for acquisition in between the years 1968 to 1972 for the purposes of setting up of a satellite city of New Bombay. While dealing with one of the Appeals arising out of acquisition made in respect of a land situated in one of the 96 villages, the Apex Court in the case of Avinash Dhavaji Naik v. State of Maharashtra, [(2009)11 SCC 171] has observed that due to acquisition of large area, there were hardly any sale transactions in the area. Therefore, considering the peculiar facts of the case, there will not be any material difference between the market value prevailing in September, 1968 and February, 1970. In view of the aforesaid decision of this Court in First Appeal No.280 of 1995, it is not possible to find fault with the market value fixed by the Reference Court at the rate of Rs.10/- per sq. metre. ash 3 209fa-792.94 5. Accordingly, the Appeal is dismissed with no orders as to costs. ( A.S. OKA, J )