1 fa680group ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.680 OF 1995 WITH The State of Maharashtra ...Appellant vs. Dattu Ambaji Katekar ...Respondent AND FIRST APPEAL NO.681 OF 1995 WITH CROSS OBJECTION ST.NO.9630 OF 1996 The State of Maharashtra ...Appellant vs. Tukaram Valku Gosavi & Anr. ...Respondents AND FIRST APPEAL NO.682 OF 1995 WITH CROSS OBJECTION ST.NO.9631 OF 1996 The State of Maharashtra ...Appellant vs. Eknath Ganpat Damade ...Respondent AND FIRST APPEAL NO.683 OF 1995 WITH The State of Maharashtra ...Appellant vs. Nagu Dhaya Damade (since deceased through L.Rs) ...Respondents AND FIRST APPEAL NO.684 OF 1995 WITH The State of Maharashtra ...Appellant vs. Balya Joma Katekar ...Respondent WITH FIRST APPEAL NO.685 OF 1995 WITH 2 fa680group The State of Maharashtra ...Appellant vs. Parwatibai Namdeo Patil ...Respondent AND FIRST APPEAL NO.686 OF 1995 WITH The State of Maharashtra ...Appellant vs. Kondya Gopal Damade (since deceased through L.Rs) ...Respondents AND FIRST APPEAL NO.687 OF 1995 WITH The State of Maharashtra ...Appellant vs. Kondya Gopal Damade (since deceased through L.Rs.) ...Respondents AND FIRST APPEAL NO.688 OF 1995 The State of Maharashtra ...Appellant vs. Kondya Gopal Damade (since deceased through L.Rs.) ...Respondents Mr.A.R.Patil, A.G.P for the appellant Mr.Omkar Warange h/f Mr.Rajiv Patil for the respondent CORAM : A.S.OKA,J. DATE : FEBRUARY 25,2011 ORAL JUDGMENT: 1 These appeals can be conveniently disposed of by a common Judgment. The appeals arise out of Awards under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act) in relation to various lands at village Dapoli, Taluka Panvel, District Raigad. The lands were notified on 3rd February 1970 for the public 3 fa680group purpose of setting up satellite city of New Bombay. The Awards made under section 11 of the said Act were not accepted by the respondents-claimants and therefore, at their instance, references under section 18 were made. 2 By the impugned Awards, the Reference Court has fixed the market value at the rate of Rs.10/- per sq. meter and has granted statutory benefits under sections 23 (1-A), 23(2) and 28 of the said Act. 3 After having heard the learned A.G.P for the appellant and the learned counsel for the respondents, I find that there is no reason to take a different view. Large tracts of lands within 96 villages of Thane and Raigad Districts were notified for acquisition under section 4 of the said Act on 3 rd February 1970 for the same public purpose. In First Appeal no.462 of 1990 (State of Maharashtra Vs. Tulsiram K. Mungaji and others) along with connected appeals decided on 18 th July 2001, the Division Bench had an occasion to deal with the appeals preferred by the State of Maharashtra arising out of the Awards made under section 18 of the said Act in respect of the lands at village Dapoli, Taluka Panvel, District Raigad which were notified for the same public purpose on the same date. After considering the evidence on record, this Court came to the conclusion that the market value of the acquired lands, on the relevant date was Rs.10/- per sq.meter. The Judgment of this Court has attained finality in the sense the same has not been challenged by the State Government. Hence, no case is made out for interference with the impugned Award under which market value has been fixed at Rs.10/- per sq. meter. 4 Accordingly, I pass the following the order. 4 fa680group 1. The First Appeals and the Cross Objections are dismissed with no order as to costs. ii) Civil application Nos. 4842/1995, 4839/1995, 4840/1995, 4835/1995, 5765/2000, 1307/2003, 1955/2004 and 4836/1995, 4843/1995 do not survive and the same are disposed of. JUDGE