1 FA.2199.05 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2199 OF 2005 The State of Maharashtra. ... Appellant Versus Kamla Narayan Koli. ... Respondent ----- Mr. A.R.Patil, AGP for the Appellant / State. None for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 20 th June, 2011. JUDGMENT: 1 By this appeal, the Appellant – State of Maharashtra has taken an exception to the judgment and award passed by the Reference Court in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 2 The acquisition relates to land bearing Survey No.148, admeasuring 1.14.12 Ares at village Wadghar, Taluka Panvel, District Raigad. The land was notified under Section 4(1) of the said Act on 3 rd 2 FA.2199.05 February, 1970 for the public purpose of setting up satellite city of New Bombay. By the impugned judgment and award, the market value was fixed by the Reference Court at the rate of Rs.15/- per square meter. Apart from the market value, other statutory benefits have been granted. 3 The learned AGP appearing for the Appellant placed reliance on the judgment and order dated 8 th April, 2011 passed by this Court in First Appeal No.758 of 1988 (The Indian Standard Metal Company Ltd. Vs. The Special Land Acquisition Officer, Panvel) and other connected matters. He submitted that in the case of similarly situated lands, this Court has held that the market value of the acquired land was Rs.10/- per square meter. He, therefore, submitted that the market value fixed by the Reference Court is excessive. None appears for the Respondent. 4 I have perused the impugned judgment. The First Appeal No.758 of 1988 arose out of land situated in the same village Wadghar, which was notified on the same date for the same public purpose. After considering the entire evidence, in paragraph No.15, this Court held thus: 3 FA.2199.05 “15 Looking to the close proximity of village Wadghar to Panvel town as compared to distance between village Wahal and Panvel, the market value of the acquired lands will certainly exceed a sum of Rs.10/- per square meter, which is fixed by the Apex Court in the case of the lands in village Wahal. As stated earlier, in respect of village Ulve, this Court has fixed market value of Rs.12/- per square meter. Village Ulve as seen from the map produced by the learned AGP is close to village Wahal and is far away from Panvel as compared to village Wadghar. The State Government has accepted the decisions of this Court in case of village Ulve. The village Panvel is on the eastern side of village Wadghar and the village Ulve is on the western side of village Wadghar. In the circumstances, the market value of the lands at village Wadghar can be reasonably taken at Rs. 12/- per square meter.” 5 Perusal of the paragraph No.16 of the said decision shows that as the area of the acquired land in one of the appeals was 1,98,800 square metes, a deduction was made on account of cost of development thereby fixing the market value to Rs.10/- per square meter. However, in case of lands where areas was around 5000 square meters, no such deduction was made by this Court and market value was fixed at the rate of Rs.12/- per square meter. 6 In the present case, the area of the land is 11,412 square 4 FA.2199.05 meters. Hence, the market value deserves to be fixed at the rate of Rs. 12/- per square meter, which is consistent with the judgment of this Court and to that extent, the appeal will have to be partly allowed. 7 Hence, I pass the following order: i. The impugned award is modified and the market value is brought down to Rs.12/- per square meter from Rs.15/- per square meter fixed by the Reference Court ; ii. Rest of the award is confirmed ; iii. The appeal is partly allowed on above terms with no order as to costs ; and iv. Civil Application No.5563 of 2005 does not survive and the same is disposed of. [ A.S.OKA, J ]