1 9-fa.1082.89 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1082 OF 1989 The State of Maharashtra. ... Appellant Versus Ganpat Joma Govari, Since deceased through his legal heirs:- 1/1 Bugunbai Ganpat Govari and others. ... Respondents ----- Mr. A.R.Patil, AGP for the Applicant. None for the Respondents. ----- CORAM : A.S.OKA, J. DATE : 22 nd June, 2011. P.C: 1 Heard the learned AGP appearing for the Appellant. 2 The challenged in the appeal is to the award made in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquired lands are situated at village Kamothe, Taluka Panvel, District Raigad, which were notified under Section 4(1) of the said Act on 3 rd February, 1970 for the public purpose 2 9-fa.1082.89 of setting up satellite city of New Bombay. Award under Section 11 of the said Act was made on 28 th August, 1986. As the award was not accepted, reference under Section 18 of the said Act was made at the instance of the Respondent. The market value of the acquired land has been fixed at the rate of Rs.15/- per square meter under the impugned award, apart from grant of the statutory benefits. 3 Perusal of the findings recorded by the trial Court shows that the acquired land was at a distance of 2240 meters from the Bombay – Pune national highway. In view of the decision of the Division Bench of this Court in the case of State of Maharashtra Vs. Prakash Vasudeo Deodhar, [(2008) 5 Bombay Cases Reporter 708] , in fact, the market value ought to have been Rs.21/- per square meter. There cannot be any dispute regarding grant of statutory benefits. Hence, there is no merit in the appeal and the same is accordingly dismissed with no order as to costs. [ A.S.OKA, J ]