-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 FIRST FIRST APPEAL NO.596 OF 1991 APPEAL NO.596 OF 1991 APPEAL NO.596 OF 1991 The State of Maharashtra ...Appellant vs. Smt.Mathibai Dharma Phadke (since deceased through legal heirs) 1.Ambabai Ramchandra Phadke 2.Ram Ramchandra Phadke 3.Lalita Ramchandra Phadke ...Respondents Ms G.P.Mulekar A.G.P. for State CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 15,2008 : JANUARY 15,2008 : JANUARY 15,2008 JUDGMENT: JUDGMENT: JUDGMENT: 1. I have heard learned A.G.P. for the Appellant. The Appellant-State of Mahrashtra has taken an exception to the Judgment and Award dated 31st March 1990 passed by the learned Joint Civil Judge (S.D.), Raigad at Alibag in a reference under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the "said Act"). 2. The acquisition relates to a land at village Kamothe, Taluka Panvel District Raigaid. The said land was notified under section 4 of the said Act on 3rd February 1970. The acquisition was for the public purpose of setting up a satellite city of Navi Mumbai. The Special Land Accusation Officer made an Award by which he offered the market value at the rate of Rs.3.50 per sq. meter. As the said amount was -2- not accepted by the respondents, at their instance a reference was made under section 18 of the said Act. The Respondents claimed market value at the rate of Rs.30/- per sq. meter. By the impugned Judgment and Award, the market value at the rate of Rs.10/- per sq. meter has been awarded. 3. The submission of the learned A.G.P. for the Appellant is that the market value awarded by the Reference Court is excessive as there was no evidence adduced by the Respondents to justify the said market value. 4. I have given careful consideration to the submissions. It is not in dispute that the there was acquisition of vast tracts lands at villageS Pendhar, Taloja, Kamothe etc. in Taluka Panvel District Raigad for the public purpose of setting up a satellite city of Navi Mumbai. The lands in the said villages were notified by the same notification dated 3rd February 1970. In the case of Nama Padu Hudar and other connected matters, a Division Bench of this Court has dealt with a large number of Appeals arising out of the Awards made under section 18 of the said Act pertaining to the lands at village Kamothe, Taluka Panvel, District Raigad which were notified by the same notification dated 3rd February 1970. The Division Bench divided the lands into different categories depending upon its distance from the Bombay Pune national highway, Zilla Parishad Road and Kamothe Gaothan. The minimum -3- market value fixed by the Division Bench in the said decision is Rs.18/- per sq. meter for the lands at village Kamothe. The said rate has been fixed for the lands which are far away from the said national highway. The said Judgment has attained finality in the sense that neither the Appellant-State nor the acquiring body has challenged the said decision. In the present case, the evidence of the second Respondent shows that the acquired land was situated adjacent to the said highway. The market value fixed by the impugned Judgment and Award is only Rs.10/- per sq. meter. Under the decision of the Division Bench, the market value of a similarly located land IN the same village is much more that Rs.10/- per sq. meter. As the Award under section 11 of the said Act was made on 4th August 1985 there is no dispute regarding grant of statutory benefits. In fact, interest at the rate of 15% under section 28 of the said Act has been denied to the Respondents. 5. Hence, there is no merit in the Appeal and the same is dismissed with no order as to costs. JUDGE JUDGE JUDGE