ash 1 fa-575,778n815.97 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.575 OF 1997 WITH FIRST APPEAL NO. 778 OF 1997 WITH FIRST APPEAL NO. 815 OF 1997 FA NO.575 OF 1997 The State of Maharashtra .. Appellant Vs Shri Kisan Padya Gaikar. .. Respondent -- FA NO.778 OF 1997 The State of Maharashtra. .. Appellant Vs Shri Raghunath Ganpat Mhatre & Others. .. Respondents -- FA NO. 815 OF 1997 The State of Maharashtra .. Appellant Vs Narayan Bama Koli & Others. .. Respondents -- Shri A.R. Patil, AGP for the Appellant in all the appeals. Shri Rajiv Patil i/by Ms Madhavi Mhatre for the Respondents in all the Appeals. -- CORAM ; A.S. OKA, J DATED : 17TH FEBRUARY, 2011 ash 2 fa-575,778n815.97 ORAL JUDGMENT : . These appeals can be disposed of by a common judgment. The Appellant-State of Maharashtra has taken an exception to the judgments and award under Section 28(A-3) of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). By the impugned judgments and award, the References have been partly allowed. 2. The acquired lands are situated at Village Kharghar, Taluka- Panvel, District Raigad. The lands were notified under Section 4 of the said Act on 3rd February, 1970 for a public purpose of setting up satellite city of New Bombay. The award under Section 11 of the said Act was made in the year 1986. The Respondents did not apply for reference under Section 18 of the said Act. At the instance of the Respondents in the appeals, the applications were made under Section 28A for re- determination of compensation on the basis of the awards made by the Reference Court in Land Acquisition Reference No. 219 of 1986. 3. In the award subject matter of First Appeal No. 575 of 1997, the market value at the rate of Rs.19/- per sq. metre has been fixed. In the award subject matter of First Appeal No. 778 of 1993, the market value has been fixed at Rs.12/- per sq. metre, and the award subject matter of First Appeal No. 815 of 1997, the market value has been fixed at Rs.19/- per sq. metre. As the Respondents did not accept ash 3 fa-575,778n815.97 the re-determination of compensation, at their instance references were made under Section 28(A-3) of the said Act to the Civil Court. 4. The learned AGP appearing for the Appellant-State submitted that the market value fixed by the Reference Court is excessive inasmuch as there is no evidence adduced by the claimants of comparable sale instances and, therefore, the claimants have not discharged the burden on them. Learned counsel appearing for the Respondents supported the impugned judgments and awards. 5. I have carefully considered the submissions. A Division Bench of this Court decided the First Appeal No.875 of 1985 ( Abdul Aziz Husenmiya Patel v. Special Land Acquisition Officer ) and other connected appeals. By the judgment and order dated 16th March, 2000, this Court dealt with the awards made under Section 11 of the said Act relating to the lands acquired situated at villages Pendhar, Taloja, Panchand, Owe, Belpada and Kharghar in Taluka Panvel, District- Raigad which were notified for acquisition on 3rd February, 1970 for the same public purpose. This Court held that the market value of the acquired land at village Kharghar abutting the Sion-Panvel National Highway will be Rs.22/- per sq. metre and in case of the lands which are away from the Sion-Panvel Highway, the market value will be at Rs.18/- per sq. metre. The decision of the Division Bench has been ash 4 fa-575,778n815.97 accepted by the State of Maharashtra and the same was not challenged. 6. The present appeals relate with the lands at village Kharghar. In the impugned judgments and awards subject matter of First Appeal No.575 of 1997 and First Appeal No. 815 of 1997, on the basis of the evidence of the expert valuer, a finding has been recorded that the acquired lands are situated within a distance of 500 metres from Sion-Panvel National Highway. In case of lands in the same village, which are situated far away from the Sion-Panvel Highway, the market value has been fixed by this Court by the aforesaid decision at Rs.18/- per sq. metre. Therefore, in these two cases, the market value fixed at Rs.19/- per sq. metre is just and proper. As regards the lands subject matter of First Appeal No.778 is concerned, the market value awarded is Rs.12/- per sq. metre. Even in case of lands which are away from the highway, the market value at the rate of Rs.18/- per sq. metre was awarded by the Division Bench. Therefore, it is not possible to find fault with the market value fixed at Rs.12/- per sq. metre. Hence, there is no merit in the Appeals. 7. Hence, I pass the following order. (i) First Appeal No.575 of 1997, First Appeal No. 778 of 1997 and First Appeal No.815 of 1997 are dismissed ash 5 fa-575,778n815.97 with no orders as to costs. (ii) Civil Application No. 7216 of 1997 in FA No. 575 of 1997 and Civil Application No.7243 of 1997 in FA No. 778 of 1997 do not survive and the same are disposed of. ( A.S. OKA, J )