1 fast1707-97 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL ST. NO. 1707 OF 1997 WITH CIVIL APPLICATION NO. 2745 OF 1998 The State of Maharashtra .. Appellant V/s. Harishcandra Kuttya Bhagat & Ors. .. Respondents ..... Mr. A. R. Patil, AGP for the appellant – State. ..... CORAM : A.S.OKA, J. DATE : AUGUST 30, 2011. ORAL JUDGMENT : Heard the learned AGP appearing for the appellant. The challenge in this Appeal to the Judgment and Award passed by the Reference Court under Section 28(A-3) of the Land Acquisition Act, 1894 (hereinafter referred to as the “said Act”). The acquisition relates to the land admeasuring 7590 square metres situated at village Kharghar, Taluka Panvel, District Raigad which was notified under Section 4(1) of the said Act on 3rd February, 1970 for setting up satellite city of New Bombay. Though a reference under Section 18 was not made, after re- determination of the market value under Section 28(A-1), a reference under Section 28(A-3) of the said Act was made in 2 fast1707-97 which by the impugned Award the market value at the rate of Rs. 15/- per square feet has been fixed. In addition, statutory benefits have been granted under Section 23(1-A), 23(2) and 28 of the said Act. 2. It is not in dispute that in case of similarly situated lands, in the same village notified for the acquisition under the same notification for the same public purpose, minimum market value at the rate of Rs.18/- per square feet has been granted by a Division Bench of this Court. A deduction of 10% has been made on account of development charges from the rate of Rs.18/- per square metre. The rate fixed by the Division Bench is Rs.16.10/- per square metre. 3. Hence, in the present case, it is not possible to find fault in the market value of Rs.15/- per square feet fixed by the Reference Court. There is no merit in the Appeal and the same is accordingly dismissed with no order as to costs. 4. Civil Application No.2745 of 1998 does not survive and the same is accordingly disposed of. (A.S.OKA, J.)