-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 548 OF 1991 FIRST APPEAL NO. 548 OF 1991 FIRST APPEAL NO. 548 OF 1991 The State of Maharashtra .. Appellant. V/s. Shri Mahadev Raghunath Kadam .. Respondent. Adult, R/at. Ghot Camp, Tal.Panvel, Dist.Raigad. --- Mr.S.N.Gawade, A.G.P for the Appellant. --- CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT :- . Heard the learned A.G.P. for the Appellant. By the impugned Judgment and Award, a Reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") made at the instance of the Respondent has been partly allowed. 2. The land the subject matter of this Appeal is situated at village Pendhar, Taluka Panvel, Dist. Raigad. The land was notified by issuing a Notification under section 4 of the said Act dated 3rd February, 1970 for the public purpose for establishing the satellite city of Navi Mumbai. The Respondent did not accept the Award made under section 11 of the said Act and applied -: 2 :- for Reference. By the impugned judgment and Award, the Reference Court has enhanced the market value to Rs. 14/- per sq. meter. 3. The submission of the learned A.G.P. is that the market value fixed is exorbitant and is liable to be set aside. 4. I have considered the submissions. In the First Appeal No.875 of 1985 (Abdul Aziz Husennaiya Patel vs. The Special Land Acquisition Officer) with other connected First Appeals, A Division Bench of this court dealtwith the several Appeals arising out of the Awards made by the Reference Court in References under section 18 of the said Act. The Awards were relating to lands at various villages in Panvel Taluka, District Raigad, which were notified on 3rd February, 1970 for acquisition for the public purpose of satellite city of Navi Mumbai. The Division Bench also dealt with the Appeals arising out of lands situated at village Pendhar, Taluka Panvel, District Raigad. The Division Bench fixed the market value of various lands at village Pendhar in the range of Rs.19/- per. sq. meter to Rs.25/- per sq. meter. In case the land situated away from Mumbai- Pune National Highway, the Division Bench fixed the market value at the rate of Rs.19/- per sq. -: 3 :- meter. In case the land situated abutting the National Highway, the market value was fixed at the rate of Rs.25/- per sq. meter. It is not in dispute that the decision of the Division Bench has attained finality in the sense neither the State Goverment nor the Acquiring Body has challenged the decision of the Division Bench. Thus in case of the land at village Pendhar notified for acquisition by the same Notification the minimum rate fixed by this court is Rs.19/- per sq.meter. 5. In the present case, the respondent-claimant examined one Shri Jeevan Narayan Kulkarni, as an expert valuer. In paragraph 2 of his deposition, he has stated that the acquired land is close to the said Highway. There is hardly any challenge to the said statement in his cross examination. For a similarly situated land, the Division Bench had granted a market value at the rate of Rs. 19/- per sq. meter. In this case, there is no dispute regarding grant of statutory benefits. 6. In the circumstances, there is no merit in the Appeal and the same is accordingly dismissed with no order as to costs. (A.S. OKA, J)