1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 26 OF 1995 (arising out of L.A.R. No. 9/88) ALONG WITH FIRST APPEAL NO. 459 OF 1996 (arising out of L.A.R.No.89/88) ALONG WITH FIRST APPEAL NO. 1703 OF 2008 (arising out of L.A.R.No.8/88) FIRST APPEAL NO. 26 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. Rajaram Chabu Mhatre. .. Respondent (Orig. claimant) FIRST APPEAL NO. 459 OF 1996 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.3, Thane.) ... Appellant (Orig. Opponent) Vs. Bapu Ragho Patil .. Respondent 2 FIRST APPEAL NO. 1703 OF 2008 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre , Thane.) ... Appellant (Orig. Opponent) Vs. 1. Shri Dattatraya Balu Patil 2. Smt. Dhanubai Balu patil since deceased through her legal heirs: 2-A Shri Dattatraya Balu Patil, Son. 2-B Shri Maruti Balu Patil, son 3. Shri Maruti Balu Patil 4. Shantibai Balu Patil since deceased, through her legal heirs: 4(a) Rashidabai Dattatraya Patil. 4(b) Jayashree Dattatraya Patil. .. Respondents Ms.S.P.Manchekar, AGP, for the State. CORAM: J.H.BHATIA,J. DATE : 24th September, 2009. JUDGMENT 1. This group of appeals may be disposed of by this common judgment as the lands acquired are situate at Village Rabale. 2. The lands were acquired for the purpose of development of satellite 3 city to be known as “New Bombay”. For this purpose, Notifications were issued on 15.3.1967 and 4.2.1970 under Section 4. In Appeal No.459 of 1996, the Land Acquisition Officer fixed the market value of the land at Rs.360/- per sq. mtr, while in other two appeals, the market value was fixed at Rs.7.20/- per sq. mtr. The claimants being not satisfied, filed reference applications under Section 18 of the Land Acquisition Act. The Joint District Judge, Thane fixed the market value of the land at Rs.10/- per sq. mtr. in F.A. No.26 of 1995, while in the other two appeals, the market value of the land fixed was Rs.12/- per sq. mtr. The enhancement of the market value has been challenged in the present appeals by the State. 3. The learned AGP pointed out that in respect of the land situated at Rabale in F.A. No.311/1994, State of Maharashtra vs Babu Joma Madhavi this Court had by Judgment dated 10.10.2007, confirmed the market value of the land at Rs.10/- per sq.mtr. In that matter, it was noted that the Village Rabale is adjacene to Villages Koper Khairnar and Ghansoli in Taluka and District of Thane and therefore, the rates which were given for the land at Koper Khairane should also be given for lands at Rabale. However, it is also brought to my notice that in a large group of appeals, being F.A. No.428/1991 State of Maharaqshtra vs. Ishwarsharan K.Bhargava & Ors. and others decided by 4 the Division Bench of this Court on 16.8.2007, the market rate of the land at village Rabale itself was under consideration and after taking into consideration the material, which was placed before the Court, this Court held that the compensation awarded at the rate of Rs.12/- per sq. mtr. was reasonable and needs no interference. Thus, the rate of Rs.12/- has been confirmed by the Division Bench of this Court in respect of the lands situated at Rabale. In my opinion, the present group of Appeals is squarely covered by the Judgment in F.A.No.428/1991. In view of this, the compensation awarded in the present appeals needs no interference. 4. For the aforesaid reasons, the Appeal No. stands dismissed. No order as to costs. (J.H.BHATIA,J.)