* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1189 OF 2002 WITH CIVIL APPLICATION NO. 3410 OF 2002 IN FIRST APPEAL NO.1189 OF 2002 Shri.Mahamadmiya Ibrahim Patel and Ors. .....Appellants vs. The State of Maharashtra (Through the Special Land Acquisition Officer, Metro Centre No.IV, Panvel, District-Raigad .....Respondent ========= Mr.Rajesh Datar, advocate for Appellants. Mr.A.R.Patil,AGP for respondent Coram : Smt. R.P.SondurBaldota, J. Dated : 2 nd July, 2009 PC :- 1. By this appeal, the appellants who were the original claimants in Land Acquisition Reference No.287 of 2007 seek enhancement of the compensation awarded to them. The appellants are owners of land admeasuring 8700 sq.mtrs at Survey No.103, * 2 * Hissa No.1(1) situate at Mouje-Owe, Taluka-Panvel, District- Raigad. The land was acquired vide notification dated 3rd February, 1970. The Special Land Acquisition Officer awarded compensation at the rate of Rs.1.50 per sq.mtr. The appellants preferred revision under Section 18 of the Land Acquisition Act seeking enhancement of the compensation at the rate of Rs.25/- per sq.mtrs. According to the appellants, their land is of prime-location and is on Mumbai-Pune National Highway. It is also near to Panvel-Diva railway line, Taloja railway station and Taloja MIDC. The reference court considered the evidence led by the appellants, the judgments in land acquisition references in respect of the other lands situate in Village-Owe and arrived at a decision that the reasonable compensation payable to the appellants would be at the rate of Rs.15/- per sq.mtr. Being dissatisfied with this decision, the appellants have filed the present appeal. 2. The Division Bench of our High Court had a occasion to deal with the appeals arising from judgments under the land acquisition references for acquisition of lands under the same notification (First Appeal No.875 of 1985 and Ors.). It considered all the aspects of the matter and fixed the rate of compensation for lands situate at various villages including Village-Owe. For the similarly situated lands, it has awarded * 3 * compensation at the rate of Rs.13/- per sq.mtrs, that is lower than the rate awarded by the reference court in the present case. The decision of the Division Bench being binding on this court, there cannot be further upward revision of the compensation awarded to the appellants. Hence, the First Appeal is dismissed. 3. With the dismissal of the appeal, Civil Application No.3410 of 2002 does not survive. The same is accordingly disposed off. {Smt. R.P.SondurBaldota, J}