ash 1 fa-282.95 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.282 OF 1995 The State of Maharashtra .. Appellant Vs Poonaji Kalya Agaskar .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Shri K.N. Kore for Respondent. -- CORAM : A.S. OKA, J DATED : 11TH OCTOBER, 2011 ORAL JUDGMENT: . Heard the learned AGP appearing for the Appellant and the learned counsel appearing for the Respondent. 2. The challenge in this Appeal is to the Judgment and Award dated 31st July, 1991 passed by the District Court in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 3. The acquired land is situated at Village Koparkhairane which was notified under Section 4(1) of the said Act on 4th February, 1970 for the public purpose of setting up a satellite city of New Bombay. Compensation offered under section 11 of the said Act was ash 2 fa-282.95 not accepted by the Respondent and at his instance, a Reference was made under section 18 of the said Act which has been decided by the impugned judgment and award. The market value of Rs.10/- per sq. meter has been fixed by the Reference Court and the statutory benefits have been granted. 4. A large number of lands situated in the same Village were notified on the same date for the same public purpose. A large number of Appeals arising out of the awards made under Section 18 of the said Act in relation to the lands from the same village have been decided of this Court. This Court has taken a consistent view that the market value of the acquired lands from the same village is Rs. 10/- per square metre. One such view has been taken by the judgment and order dated 26th October, 2005 passed in First Appeal No. 813 of 1993 and other connected matters as well as in First Appeal No.166 of 1993 decided on 10th October, 2007. The decision of this Court has become final in the sense that the Appellant has not challenged the same. Hence, the finding of the Reference Court cannot be faulted with. There is no merit in the Appeal. The Appeal is dismissed with no order as to costs. ( A.S. OKA, J )