1 fa9withxob, fa132-133.doc ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.9 OF 2000 WITH CROSS OBJECTION ST.NO.2584 OF 2002, FIRST APPEAL NO.132 OF 2000 WITH CROSS OBJECTION ST.NO.2274 OF 2002, FIRST APPEAL NO.133 OF 2000 WITH CROSS OBJECTION ST.NO.2582 OF 2002 The State of Maharashtra ...Appellant (IN ALL APPEALS) vs. Jagannath Maruti Koli ...Respondent (IN ALL APPEALS) Mr.A.R.Patil, A.G.P. for the appellant in all appeals Mr.T.K.Patil for the respondent in all appeals CORAM : A.S.OKA,J. DATE : MARCH 16,2011 ORAL JUDGMENT: 1 These appeals can be disposed of by a common Judgment. The challenge in these appeals and the cross objections is to the Judgments and Awards made under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquired lands are situated at village Ulve, Taluka Panvel, District Raigad which were notified under section 4(1) of the said Act on 3rd February 1970 for the public purpose of setting up satellite city of New Bombay. The awards made under section 11 of the said Act were not accepted by the respondent and therefore, references were made under section 18 of the said Act at the instance of the respondent. The market value at the rate of Rs.8/- per sq. meter was fixed by the Reference Court by the impugned Awards. 2 fa9withxob, fa132-133.doc 2 Reliance has been placed on the Judgment and order dated 12th April 2005 passed by this Court in First Appeal no.83 of 1992 and First Appeal no.959 of 1991. This Court was dealing with the appeals arising out of the awards made under section 18 of the said Act relating to the lands at village Ulve, Taluka Panvel, District Raigad which were notified for acquisition for the same public purpose under the notification of the same date i.e. 3rd February 1970. After considering the other decisions of this Court, a finding was recorded that the market value of the acquired lands at village Ulve on the relevant date was Rs.12/- per sq. meter. The decision of this Court dated 12th April 2005 has attained finality as the same has not been challenged by the State Government. 3 The aforesaid decision of this Court will obviously apply to the present Appeals and Cross Objections. Therefore, the market value of the acquired lands will have to be fixed at Rs.12/- per sq. meter. In the circumstances, the appeals preferred by the State Government will have to be dismissed and the Appeals/Cross objections preferred by the claimants will have to be partly allowed. 4 Hence, I pass the following order : i) First Appeal no.9 of 2000, 132 of 2000 and 133 of 2000 are dismissed with no order as to costs. ii)Cross Objection st.nos.2584/2002, 2274/2002 and 2582/2002 are partly allowed and the impugned Judgments and Awards in L.A.R. Reference no. 556 of 1987, 121 of 1987 and 557 of 1987 are modified. It is declared that the claimants are entitled to total market value at the rate of Rs.12/- per sq meter inclusive of the amount offered under section 11 of 3 fa9withxob, fa132-133.doc the Land Acquisition Act,1894. The claimants will be entitled to proportionate costs of the aforesaid references and cross objections. In addition, the claimants will be entitled to statutory benefits under sections 23(1-A), 23(2) and (28) of the said Act. iii)The Reference Court shall determine the compensation payable in accordance with modified Award in the aforesaid three cases within a period of three months from the date of receipt of writ of this Judgment. iv)Time of three months is granted to the appellant to deposit additional compensation from the date on which amount is determined by the Reference Court. v) Civil application nos. 8206/2000, 8208/2000 and 8209/2000 do not survive and the same are disposed of. JUDGE