1 fa283 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.283 OF 2000 The State of Maharashtra ...Appellant vs. Abdul Rahiman Fate Mahamad Merchant and others ...Respondents Mr.A.R.Patil, A.G.P for the appellant for the respondent CORAM : A.S.OKA,J. DATE : APRIL 5,2011 ORAL JUDGMENT: 1 The challenge in this Appeal is to the Award made under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquisition relates to the land admeasuring 5380 sq. meters situated at Taloja, Taluka Panvel, District Raigad which were notified on 3rd February 1970 for the public purpose of setting up satellite city of New Bombay. The Award made under section 11 of the said Act was not accepted by the respondents-claimants and at their instance, a reference was made seeking the market value at the rate of Rs.20/-. By the impugned Award, reference Court has granted market value at the rate of Rs.15/- per sq. meter and other statutory benefits. 2 After having heard the learned A.G.P for the appellant, I find that no case for interference has been made out. Perusal of the impugned Judgment shows that the acquired land is situated near Bombay Pune National highway. This Court in First Appeal no.252 of 1994 decided on 10th March 2005 dealt with the appeal against Award made in the reference in respect of the lands at the same village notified on the same date for the same 2 fa283 public purpose which were situated at the distance of 500 sq. meter from Bombay Pune National highway. The market value has been fixed by this Court at the rate of Rs.25/- per sq. meter. 3 In case of a land in the same village which was situated at the distance of 3000 sq. meter away from the highway, in First Appeal no.4 of 1995 decided on 4th February 2005, the market value has been fixed at the rate of Rs.12/- per sq. meter. 4 Thus, the market value fixed by the impugned Judgment at the rate of Rs.15/- appears to be reasonable. No fault can be found with the market value. There is no dispute as regards the entitlement of the respondents- claimants to the statutory benefits. 5 Accordingly, Appeal is dismissed with no order as to cost. JUDGE