Ash 1 fa-865withxobjc15700.98 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 865 OF 1997 WITH CROSS OBECTION ST.NO. 15700 OF 1998 The State of Maharashtra .. Appellant Vs Dattatraya Kashinath Thakur & Ors. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. Shri Shriram S. Kulkarni for the Respondents. -- CORAM : A.S. OKA, J DATED : 18TH MARCH, 2011 ORAL JUDGMENT : . The challenge in this Appeal is to the judgment and award dated 23rd December, 1993 passed by the District Court in a Reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). 2. The acquisition relates to the land bearing Survey No.159/1 at Villlage Roadpali, District – Raigad, which was notified under Section 4(1) of the said Act on 24th September, 1986. The Respondents-Claimants did not accept the award and, therefore, a Reference under Section 18 of the said Act has been made at the instance of the Respondents. By the impugned judgment and award, the Reference Court has fixed the market value at the rate of Rs.205/- per sq. metre and has granted statutory benefits to the Respondents. The Respondents have filed cross objections seeking market value at the rate of Rs.5,000/- per sq. metre. Ash 2 fa-865withxobjc15700.98 3. The learned counsel appearing for the Respondents has placed on record a true copy of the judgment and order dated 21st June, 2007 passed by a Division Bench of this Court in First Appeal No.646 of 1995 and other connected Appeals. Learned counsel submitted that the present Appeal and the Cross Objections will be governed by the said decision of the Division Bench under which the market value has been fixed at the rate of Rs.1,725/- per sq. metre. 4. I have heard the learned AGP for the Appellant and the learned Counsel appearing for the Respondents. 5. In the impugned judgment and award, it is noted that there were 22 References under Section 18 of the said Act relating to the lands at village Roadpali, District- Raigad which were notified for acquisition under Section 4 of the said Act on 24th September, 1986. It is noted that the evidence was recorded in the main LA.R. No. 138 of 1990. Learned Judge has noted that he has delivered a seprate judgments in twenty-two References. It appears that remaining matters out of same group have been decided by the Division bench of this Court by the aforesaid judgment dated 21st June, 2007 in First Appeal No.646 of 1995 and other connected Appeals. In the said judgment, the Division Bench has noted that there were twnety- two References which were taken up for hearing before the Trial Court. Thus, the present Appeal will be governed by the decision of the Division Bench and, therefore, the market value will have to be fixed at Rs.1,725/- per sq. Meter. Ash 3 fa-865withxobjc15700.98 6. Hence, I pass the following order. (i) The First Appeal No. 865 of 1997 is dismissed with no orders as to costs. (ii) The Cross Objection Stamp No. 15700 of 1998 is partly allowed. (iii) The market value of the acquired land is fixed at Rs.1,725/- per sq. metre ( inclusive of the market value offered by the Special Land Acquisition Officer). (iv) The award relating to the statutory benefits and costs is not disturbed. (v) The Reference Court will determine the compensation payable in terms of the modified Award within a period of three months from the date on which the writ of this judgment is received by the said Court. (vi) Time of three months is granted to the State Government to deposit the balance compensation amount from the date on which compensation amount is determined. (vii) There will be no orders as to costs in Appeal and Cross Objections. JUDGE