... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST APPEAL (ST) NO.49112 OF 2003 The State of Maharashtra ...Appellant Vs. Vithal Tukaram Gharat ...Respondent Shri K.K. Tated, A.G.P. for the Appellant. CORAM CORAM CORAM : A. S. OKA, J. : A. S. OKA, J. : A. S. OKA, J. DATE DATE DATE : JUNE 06, 2006. : JUNE 06, 2006. : JUNE 06, 2006. P.C.: P.C.: P.C.: 1. Heard Shri Tated, learned A.G.P. appearing for the State. The State Government has taken exception to the judgment and award dated 30th March, 2002 passed by the learned Civil Judge, Senior Division, Raigad at Alibag in a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act). The acquired land is situated at village Kamothe, Taluka Panvel, District Raigad. The acquired land was notified under section 4 of the said Act by notification dated 03rd February, 1970 for the public purpose of establishing satellite city of New Mumbai. The award under section 11 of the said Act was passed on 17th September, 1986. The Reference Court, by the impugned Judgment and Award, has fixed the market value at the rate of Rs.15/- per sq. meter. ... 2 ... 2. In case of similarly situated lands from village Kamothe, Taluka Panvel, District Raigad, which were notified for acquisition on the same date for the same public purpose and which were situated at a distance between 2200 meter to 3200 meters from Mumbai-Pune National Highway, market value at the rate of Rs.18/- per sq. meter has been awarded by this Court. In the present case, the acquired land is situated at distance of 3000 meters from Mumbai-Pune National Highway. In case of lands from the same village Kamothe which were notified for the same public purpose on the same day and which are situated at a distance upto 2200 meters from Mumbai-Pune National Highway, a Division Bench of this Court awarded the market value at the rate of Rs.20/- per sq. meter and the decision of the Division Bench has attended finality. 3. In the circumstances, no fault can be found with the impugned judgment and award by which the market value is fixed at the rate of Rs.15/- per sq. meter. There is no merit in the Appeal and the same is dismissed with no orders as to costs. ... 3 ... JUDGE JUDGE JUDGE