1 fa167-3 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.167 OF 1995 WITH FIRST APPEAL NO.3 OF 1995 The State of Maharashtra ...Appellant (in both the appeals) vs. Dattatraya Dinkar Patil (since deceased through L.Rs.) 1 Chandrabhaga Dattatraya Patil 2 Janardan Dattatraya Patil 3 Gajanan Dattatraya Patil 4 Parshuram Dattatraya Patil ...Respondents (in both the appeals) Mr.A.R.Patil, A.G.P for the appellant Mr.N.J.Patil for the respondents CORAM : A.S.OKA,J. DATE : FEBRUARY 14,2011 ORAL JUDGMENT : 1 These two appeals can be disposed of by a common Judgment and Order. The acquisition relates to the lands at village Dapoli, Taluka Panvel, District Raigad which were notified under section 4 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act) on 3rd February 1970 which was published on 4th February 1970. Award under section 11 was made in the year 1986. The respondent-claimant did not accept the Award and therefore, a reference under section 18 of the said Act was made to the District Court. By the impugned Judgment and Award the District Court fixed the market value at the rate of Rs.6/- per sq. meter and granted statutory benefits under section 23 (1-A), 23(2) and 28 of the said Act. 2 In First Appeal no.462 of 1990 along with other 2 fa167-3 connected First Appeals were decided by the Division Bench of this Court on 18th July 2001. The Division Bench dealt with the Awards made under section 18 of the said Act in relation to the lands at village Dapoli which were notified on the same date for the same public purpose. This Court considered the detailed evidence regarding the location of village Dapoli with reference to Bombay Pune National Highway and the State highways. This Court considered the various infrastructural facilities available to the said village and came to the conclusion that the market value of the acquired land at village Dapoli would be Rs.10/- per sq meter. The decision of the Division Bench of this Court has attained finality in the sense that the same has not been challenged. In the present case, the market value of the acquired land has been fixed at Rs.6/- per sq meter. There is no dispute about the statutory benefits. In view of the decision of Division Bench of this Court, there is no merit in the Appeal and the same is accordingly dismissed with no order as to costs. JUDGE