ash 1 232fa-346.94withxobjnst-12214.94 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.346 OF 1994 ALONG WITH CROSS OBJECTION STAMP NO. 12214 OF 1994 The State of Maharashtra .. Applicant Vs Shri Moreshwar Dwarkanath Patil .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Shri A.B.Tajane for the Respondent. -- CORAM ; A.S. OKA, J DATED : 6TH APRIL, 2011 ORAL JUDGMENT : . On the oral prayer made by the learned AGP appearing for the Appellant, the order of dismissal of the First Appeal is set aside. The Appeal is restored and taken up for final disposal along with the Cross Objection. 2. The challenge in this Appeal and the Cross Objection is to the judgment and award dated 18th June, 1991 passed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquired lands are situated at village Ulve,Taluka Panvel, District Raigad which were notified under Section 4(1) of the said Act on 3rd February, 1970 ash 2 232fa-346.94withxobjnst-12214.94 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 Claimant and, therefore, the reference was made under Section 18 of the said Act by the Claimant. The market value at the rate of Rs.8/- per sq. meter was fixed by the Reference Court by the impugned award. 2. Learned counsel appearing for the Respondent-Claimant placed reliance on the judgment and order dated 12th April, 2005 passed by this Court in First Appeal No.83 of 1992 and First Appeal No.959 of 1991. This Court was dealing with the appeals arising out of the awards made under Section 18 of the said Act relating to the lands at village Ulve, Taluka Panvel, District – Raigad which were notified for acquisition for the same public purpose under the notification dated 3rd February, 1970. After considering the other decisions of this Court, a finding was recorded that the market value of the acquired lands at village Ulve on the relevant date was Rs.12/- per sq. metre. The decision of this Court dated 12th April, 2005 has attained finality as the same has not been challenged by the State Government. 3 The aforesaid decision of this Court will obviously apply to the present Appeal and Cross Objection. Therefore, the market value of the acquired lands will have to be fixed at Rs.12/- per sq. meter. In the circumstances, the Appeal preferred by the State Government will have to be dismissed and the Cross objection preferred by the Claimant will have to be partly allowed. Hence, I pass the following order. ORDER ash 3 232fa-346.94withxobjnst-12214.94 (a) The Appeal is dismissed with no orders as to costs. (b) Cross Objection is partly allowed. The market value of the acquired land is fixed at Rs.12/- per sq. meter (inclusive of the market value offered by the Special Land Acquisition Officer). The Claimant will be entitled to proportionate costs of the Reference as well as the Cross Objection. In addition, the Claimant will be entitled to statutory benefits under Section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (c) The exercise of determining the compensation payable as per the modified award shall be carried out by the Reference Court within a period of three months from the date on which the writ of this judgment is received by the said Court. (d) Enhanced compensation shall be deposited by the State Government within a period of three months from the date on which the compensation amount is determined by the Reference Court. ( A.S. OKA, J )