1 fa851 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.851 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer, Metro Centre No.1, Thane) ...Appellant vs. 1 Chahu Bemtya Patil 2 Parshuram Bemtya Patil 3 Smt.Anibai Bembtya Patil (deleted) 4 Sakharam Bemtya Patil 5 Shri Bhagwan Balaji Patil (since deceased through L.Rs) 5A Smt.alka Bhagwan Patil 5B Hitesh Bhagwan Patil 6 Smt.Banibai Balaji Patil 7 Dnyaneshwar Balaji Patil 8 Ashok Balaji Patil 9 Subhash Balaji Patil 10 Smt.Radhabai Balaji Patil ...Respondents Mr.A.R.Patil, A.G.P for the appellant None for the respondents CORAM : A.S.OKA,J. DATE : JUNE 13, 2011 ORAL JUDGMENT : 1 Heard learned A.G.P for the appellant. None appears for the respondents. 2 By this appeal, the appellant-State of Maharashtra has challenged the Judgment and Award dated 24 th November 1993 passed by the District Court in a reference under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquisition is in respect of the land admeasuring 20007 sq. meters situated at Gothivali, Taluka and District Thane. The acquired lands were notified under section 4(1) of the said Act on 4 th February 1970. The Special Land Acquisition 2 fa851 Officer offered the market value at the rate of Rs.2 and Rs.4.20 per sq. meter in respect of the separate portions of the acquired land. The Reference Court in a reference made at the instance of the respondents enhanced the market value to Rs.12/- per sq. meter. 3 The learned A.G.P for the appellant submitted that the market value has been fixed at the rate of Rs.12/- per sq. meter on the basis of the Judgment of the Reference Court which is at Exh.22. He relied upon various decisions of this Court including the decision in First Appeal no.157, 133, 460, 464 and 460 of 1996 decided on 24 th September 2009. He submitted that in respect of similarly situated land, the market value fixed at the rate of Rs.12/- per sq. meter by the Reference Court was brought down by this Court to Rs.10/- per sq. meter. None appears for the respondent. 4 I have perused the decision of this Court dated 24th September 2009. A group of appeals arising out of Awards under section 18 of the said Act was decided by this Court. The appeals were preferred by the State of Maharashtra for challenging the Awards made under section 18 of the said Act. The lands subject matter of the references were situated at Gothivali, Taluka and District Thane which were notified on 4th February 1970 under section 4(1) of the said Act for the same public purpose. In the Awards subject matter of challenge, in one case market value was fixed at Rs.10/- per sq.meter and in other cases market value was fixed at the rate of Rs.12/- per sq. meter. In paragraph 3 of the said decision, this Court has held thus: 3 The learned AGP points out that in F.A.no. 512 of 1992, State of Maharashtra vs. Shri 3 fa851 Janu Gosavi Patil as well as in F.A.No.1132 of 1994, State of Maharashtra vs. Rajaram, this Court had confirmed the enhancement at Rs.10/- per sq meter. Relying on those two Judgments, this Court confirmed the market rate at the rate of Rs.10/- per sq meter for the land situated at Village Gotivali in First Appeal no.72 of 1995 State of Maharashtra vs. Janu G. Patil decided on 17.9.2007 (Coram: Anoop V. Mohta,J.). In view of this, all the present Appeals are squarely covered by the Judgment in First Appeal no.72 of 1995 and other two Appeals referred above. Therefore, it must be held that the market value of the land situated at Gotivali and acquired as per the Notification dated 4.2.1970 should be Rs.10/- per sq. meter. As such, the market value fixed at Rs.10/- per sq meter in F.A.No.460 of 1996 needs no interference, while in other four appeals, the market value has to be fixed at Rs.10/- per sq meter instead of Rs.12/- per sq meter as fixed by the Reference Court. 5 Perusal of the impugned Judgment shows that the market value of Rs.12/- per sq. meter has been arrived at by the Reference Court on the basis of a Judgment of the said Courts in a reference under section 18 of the said Act which is at Exh.22. Thus, on the basis of the previous decision of the Reference Court, a finding was recorded that the market value of the acquired land was Rs.12/- per sq. meter. 6 The decision dated 24 th September 2009 in First Appeal no.157 of 1996 and other connected matters shows that apart from the said decision, there are three other 4 fa851 decisions of the Court taking a view that as on 4th February 1970, the market value of the acquired land at Village Gothivali was Rs.10/- per sq. meter. In the circumstances, appeal will have to be partly allowed to that extent. 7 Hence, I pass the following order : i) Impugned Award is modified and it is directed that the total market value of the acquired land shall be fixed at Rs.10/- per sq.meter. ii)Direction to pay statutory benefits under section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894 on the market value i.e Rs.10/- per sq. meter is confirmed. The order of proportionate costs of the Reference is also confirmed. iii)Appeal is partly allowed on above terms with no order as to costs. JUDGE