1 fa84-98 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 84 OF 1998 The State of Maharashtra .. Appellant (Orig. Opponent) V/s. Mhalasabai Mahadu Zankar .. Respondent (Orig. claimant) .... Mr. A. R. Patil, AGP for the appellant – State. .... CORAM : A.S.OKA, J. DATE : JUNE 24, 2011. P.C.: Heard the learned counsel appearing for the appellant – State. 2. The challenge in the Appeal is to the Judgment and Award made by the District Judge, Nashik in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The notification under Section 4(1) of the said Act was issued on 31st March, 1983. By the Award made on 30th November, 1987 under Section 11 of the said act, the market value was offered to the respondent-claimant. The Award was not accepted by the respondent and at his instance, a Reference was made to the District Court. The Reference Court fixed the market value for paddy land at the rate of Rs. 36,000/- per Hectare and for the Jirayat-Rabbi land at the rate of Rs. 2 fa84-98 32,000/- per Hectare and for Pot-Kharaba land Rs.500/- per Hectare. Statutory benefits were also granted under Sections 28(1-A), 23(2) and 28 of the said Act. 3. Perusal of the impugned Judgment shows that the learned Judge has relied upon the Judgment in Land Acquisition Reference No.270 of 1989. By the said Judgment in LAR No.270 of 1989, for Paddy lands the market value of Rs.45,000/- per Hectare was fixed and for Jirayat- Rabbi land, the market value of Rs. 40,000/- per Hectare was fixed. The said market value has been fixed as on 21st February, 1985. As the relevant date in the present case is 31st March, 1983, the market value has been reduced by 20 percent. 4. The learned AGP appearing for the State pointed out that the market value fixed by the Reference Court in LAR No.270 of 1989, has been expressly approved in the decision dated 10th July, 2008 of the Division Bench of this Court in First Appeal No.930 of 2008 and other connected Appeals. 5. For bringing down the market value of the acquired land from 21st July, 1985 to the market value as of 31st March, 1983, deduction of 20 percent has been made. The said deduction is reasonable and no fault can be found in the said deduction. 3 fa84-98 6. The market value fixed by the Reference Court is just and proper and, no interference is called for. 7. First Appeal No.84 of 1998 is dismissed with no order as to costs. (A.S.OKA, J.)