-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 67 OF 1992 FIRST APPEAL NO. 67 OF 1992 FIRST APPEAL NO. 67 OF 1992 The State of Maharashtra .. Appellant. V/s. Shri Pavasha Vithu Khutarkar, .. Respondent. Adult, Agriculture, R/at. Navada, Tal.Panvel, Dist.Raigad. --- Mrs.G.P.Mulekar, A.G.P for the Appellant. --- CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT :- . Heard the learned A.G.P. for the Appellant. By the impugned Judgment and Award dated 21st January, 1991, the trial Court has partly allowed the Reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). The acquisition relates to the land bearing survey No. 248, Hissa No. 12 of village Navada totally admeasuring 7990 sq.meter within the limits of Taluka Panvel, Dist. Raigad. The land was notified by a Notification dated 3rd February, 1970 under section 4 of the said Act for acquisition for the public purpose for establishing the satellite city of Navi Mumbai. The Respondent did not accept the Award made under section 11 of the said Act -: 2 :- and applied for Reference. By the impugned judgment and Award, the Reference Court has awarded a market value to the said land at the rate of Rs. 12/- per sq. meter. The claim of the Respondent was Rs. 20/- per sq. meter. 2. The submission of the learned A.G.P. appearing for the Appellant is that the market value fixed is exorbitant and is liable to be set aside. It is submitted that there is no evidence on the record to show that the market value at the relevant time was Rs. 12/- per sq. meter. 3. I have carefully considered the submissions of the Appellant. There are decisions of this Court arising out of Appeals preferred for challenging the Award made under section 18 of the said Act. The said Appeals relate to the lands situated at village Navada, which were notified on 3rd of February, 1970 for the public purpose of satellite city of Navi Mumbai. This court has awarded market value, ranging to Rs. 25/- per sq.meter to Rs.30/- per sq.meter.. The decisions of this court have not been challenged. One of such decisions is in the case of State of Maharashtra vs. Joma Dhondu Mhatre in the First Appeal No.572/1991. -: 3 :- 4. Considering the consistent view taken by this court, the market value of Rs. 12/- per sq. meters fixed by the Reference Court cannot be said to be excessive. The submission of the learned AGP has no substance. In this case there is no dispute regarding grant of statutory benefits. 5. In the circumstances, there is no merit in the Appeal and the same is accordingly dismissed with no order as to costs. (A.S. OKA, J) .....