1 224 fa.142.96 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 142 OF 1996 The State of Maharashtra. ... Appellant Versus Gopal Arjun Angane and another. ... Respondents ­­­­­ Mr. A.R.Patil, AGP for the State. Mr. A. Karandikar i/b A.S.Khandeparkar for the Respondents. ­­­­­ CORAM : A.S.OKA, J. DATE : 25 th January, 2011. ORAL JUDGMENT: 1 Heard the learned AGP appearing for the Appellant and the learned counsel appearing for the Respondents. The Appellant – State of Maharashtra has taken an exception to the judgment and award dated 21 st March, 1995 passed by the Joint Civil Judge in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 2 224 fa.142.96 2 The acquisition relates to land bearing Survey No. 67, Hissa Nos.9 and 10 totally admeasring 141 Ares situated at village Oras, Taluka Kudal, District Sindhudurg. Notification under Section 4 of the said Act was issued on 28 th February, 1989 by which the land was notified for the public purpose of setting up the Headquarter of the newly established Sindhudurg District. By award made under Section 11 of the said Act on 14 th March, 1991, market value at various rates such as Rs.100/­, Rs.150/­ and Rs.200/­ per Are was offered. As the Respondent did not accept the market value offered, reference at his instance was made under Section 18 of the said Act. On the basis of the comparable sale instance of sale­ deed dated 27 th February, 1986, the market value was fixed by the Reference Court at the rate of Rs.1,000/­ per Are. Statutory benefits were also granted. 3 The learned AGP appearing for the Appellant submitted that the sale­deed relied upon by the Respondent was not of a comparable land and there was no evidence adduced of any sale­deed or any 3 224 fa.142.96 comparable sale instances. The learned counsel appearing for the Respondent relied upon a decision of the Division Bench of this Court in First Appeal No. 149 of 1996 (The State of Maharashtra Vs. Shri Juje Manvel Fernandis and anr) decided on 22 nd April, 2009. He submitted that in view of the said decision, no interference is called for. 4 I have given careful consideration to the submissions. First Appeal No.149 of 1996 before the Division Bench was preferred by the State Government for challenging the award made in a reference under Section 18 of the said Act in relation to acquisition of the land bearing survey No.65 and 66 of village Oras , which was notified under the same notification for the same purpose. Paragraph No.2 of the said judgment reads thus: 2. The respondent­claimants’ land located in Survey Nos. 65 and 66 of village Oros in Kudal Taluka of Sindhudurg District came to be acquired for the establishment of the District Court Headquarters at Oros vide the notification issued under Section 4 of the Act on 28/2/1989. The total area under acquisition was 11 H. 60.6 Are and the Reference Court was pleased to fix the market rate at Rs.1000/­ per Are. The State Government is aggrieved by the said award and hence this appeal. 4 224 fa.142.96 5 The Division Bench upheld the market value of the said land fixed at Rs.1000/­ per Are. The acquisition related to a land in the same village notified under the same notification of the same purpose. 6 Thus, in view of mandate of the Division Bench of this Court, no interference can be made with the market value fixed at the rate of Rs. 1,000/­ per Are. 7 There is no merit in the appeal and the same is accordingly dismissed with no order as to costs. [ A.S.OKA, J ]