IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.56 OF 1992. Prabhakar Bhagwan Patil & Ors. .. Appellants (Org. claimants) V/s. The State of Maharashtra .. Respondents (Org. Opponent) Mr.G.H. Keluskar, for the Appellant. Mr. S.N. Gawade, G.P. for the Respondent. FIRST APPEAL NO.52 OF 1992. Prabhakar Bhagwan Patil & Ors. .. Appellants (Org. claimants) V/s. The State of Maharashtra .. Respondents (Org. Opponent) Mr.G.H. Keluskar, for the Appellant. Mr. S.N. Gawade, G.P. for the Respondent. FIRST APPEAL NO.53 OF 1992. Prabhakar Bhagwan Patil & Ors. .. Appellants (Org. claimants) V/s. The State of Maharashtra .. Respondents (Org. Opponent) Mr.G.H. Keluskar, for the Appellant. Mr. S.N. Gawade, G.P. for the Respondent. : 2 : FIRST APPEAL NO.55 OF 1992. Prabhakar Bhagwan Patil & Ors. .. Appellants (Org. claimants) V/s. The State of Maharashtra .. Respondents (Org. Opponent) Mr.G.H. Keluskar, for the Appellant. Mrs. G.P. Mulekar, AGP for the Respondent. FIRST APPEAL NO.57 OF 1992. Prabhakar Bhagwan Patil & Ors. .. Appellants (Org. claimants) V/s. The State of Maharashtra .. Respondents (Org. Opponent) Mr.G.H. Keluskar, for the Appellant. Mrs. G.P. Mulekar, AGP for the Respondent. FIRST APPEAL NO.554 OF 1991. State of Maharashtra .. Appellants V/s. Prabhakar Bhagwan Patil & Ors .. Respondents Mr.S.N. Gawade, GP for the Appellant. Mr. G.H. Keluskar, for the Respondents. : 3 : FIRST APPEAL NO.567 OF 1991. The State of Maharashtra, .. Appellants V/s. Prabhakar Bhagwan Patil & Ors. .. Respondents Mrs. G.P. Mulekar, AGP, for the Appellant. Mr. G.H. Keluskar, for the Respondent. CORAM: A.S. OKA, J. DATE: 21ST FEBRUARY, 2008. COMMON JUDGMENT 1. The submissions of the learned counsel appearing for the parties were heard on the last date. These appeals can be disposed of by a common judgment. The challenge in these appeals is to the judgments and awards made by the learned Civil Judge, Senior Division, Raigad at Alibaug in references u/s.18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act). The acquisition relates to various lands at village Navade,Taluka-Panvel, District- Raigad. The lands subject matter of the appeals were notified for acquisition for the public purpose of setting up a Satellite City of Navi Mumbai. The notification u/s. 4 of the said Act was issued on 3rd February 1970. The awards u/s. 11 of the said Act were made on 27th August 1986. The reference Court fixed the market value at the rate of Rs.10/- per Square meter and also granted other : 4 : statutory benefits to the claimants. The claim made by the claimants for enhancement was at the rate of Rs.25/- per square meter. The First Appeal Nos.52, 53, 55, 56 and 57 of 1992 have been preferred by the original claimants for seeking enhancement in the compensation. The First Appeal No.567 of 1991 and 554 of 1991 are cross appeals preferred by the State of Maharashtra relating to awards which are subject matter of First Appeal Nos.55 and 56 of 1992, respectively. 2. The learned counsel for the original claimants in support of the appeals has placed reliance on various decisions of this Court, including a decision of this Court in First Appeal No.54 of 1992 (Bhagwan Ganpat Patil and Ors V/s. State of Maharashtra). He submitted that in view of the various decisions of this Court including the decisions of the Division Bench of this Court, the market value of the acquired land will have been fixed at the rate of Rs.25/- per square meter. The submission of the learned AGP for the State Government is that in fact the compensation awarded by the trial Court is exhorbitant as no evidence has been adduced by the claimants to show that the market value fixed by the land acquisition officer was inadequate. 3. I have given careful consideration to the submissions of the learned counsel appearing for the parties, it is not in dispute that the vast tracts of lands at Villages Panvel, Kamothe, Taloja, Nawade, etc. from Taluka – Panvel, District : 5 : Raigad were notified for acquisition on 3rd February 1970, for the said public purpose of setting up of Satellite City of New Bombay. There are various decisions of this Court in appeals arising out of references u/s. 18 of the said Act, relating to the lands at Village Navade which were notified for the same public purposes, under the said notification dated 3rd February 1970. The said decisions of this Court have attained finality and therefore, the said decisions are certainly relevant for determination of market value of the acquired lands subject matter in these appeals. 4. In the case of the State of Maharashtra V/s. Chandrakant Bhagwan Patil (First Appeal No.443 of 1996 and other connected appeals), the Division Bench of this Court by judgment and order dated 16th September 2004 held that market value of the acquired land at village Navade notified under the same notification was Rs.25/- per square meter. The Division Bench was dealing with a land at Village Navade which was situated at the distance of 200 meters from Bombay-Pune National Highway. In the case of State of Maharashtra V/s. Atmaram Narayan Shetty (First Appeal No.68 of 1992), the learned Single Judge of this Court fixed market value at the rate of Rs.30/- per square meter, in respect of a land situated at Village Navade which was abutting the Bombay- Pune National Highway. : 6 : 5. In the case of Bhagwan Ganpat Patil (supra) of this Court dealt with an appeal relating to the land at Village Navade which was situated at the distance of 750 meters from the Bombay-Pune National Highway. Considering the fact that in its earlier decisions this Court had awarded market value at the rate of Rs.25/- per square meter for lands at Village Navade which were at the distance of 200 and 500 meters respectively from the National Highway, this Court fixed the market value at the rate of Rs.24/- per square meter, for a land situated at a distance of 750 meters from the Highway. 6. In the present appeals, the claimants have examined one Mr. Jivan Narayan Kulkarni, a valuer as an expert witness. The reports submitted by Mr. Kulkarni have been duly proved and admitted in evidence. The reports on record disclose that in case of First Appeal Nos.52, 55, 56 and 57 of 1992, the acquired lands are situated at a distance of 320 meters, from the said Highway and the land subject matter of First Appeal No.53 of 1992 is situated at a distance 240 meters from the said Highway. There is no cross examination of the said expert made on this aspect of the distance of the acquired lands from the Highway. 7. In view of what is held by this Court referred to in paragraph No.8 above in the case of Ganpat Patil, the claimants in this Appeals are entitled to : 7 : market value at the rate of Rs.25/- per square meter. There is no dispute between the parties as regards grant of statutory benefits. 8. At this stage, the learned AGP submits that appropriate deduction will have to be ordered on account of development charges. The perusal of various decisions of this Court which are referred to in this judgment shows that after considering the necessity of making deduction on account of development charges, market value has been fixed by this Court. Hence, the said submission cannot be accepted. 9. Hence, I pass the following order: (i) First appeal Nos.52, 53, 55, 56 and 57 of 1992, are partly allowed. The impugned judgments and awards are modified by directing that the claimants will be entitled to total market value at the rate of Rs.25/- per square meter. In addition to the said market value, the claimants will be entitled to the statutory benefits which are already granted under the impugned judgment and awards. The claimants will be entitled to proportionate costs of the reference proceeding as well as these appeals preferred by them. : 8 : (ii) First Appeal Nos.554 of 1991 and 567 of 1991 are hereby dismissed with no order as to cost. (iii) The reference court will complete the exercise of calculating the amounts payable under the modified awards within a period of four months from the date of receipt of writ of this judgment. (iv) R & P and writ to be sent early. (A.S. OKA, J.)