1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.787 of 1994 The State of Maharashtra Appellant Vs. Smt.Sitabai Tulshiram Patil Respondent With First Appeal No.395 of 1992 Sitabai Tulshiram Patil Appellant Vs. The State of Maharashtra Respondent Mrs.G.P.Mulekar, AGP for State. Mr.S.M.Gorwadkar for claimant. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. April 6, 2009. ORAL JUDGMENT (PER B.H.MARLAPALLE,J.) 1. Both these appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) arise from the award dated 27/8/1991 passed by the 3rd Addl. District Judge, Raigad at Alibag in LAR No.403 of 1986. 2. By notification dated 5th October 1973 issued under Section 4 of the Act and published on 20th October 1973 land admeasuring 23,500 sq.mtrs. located in Survey No.73 of village Chal, Taluka Panvel, Dist. 2 Raigad came to be acquired for the New Bombay Project by the Government of Maharashtra. The Land Acquisition Officer by his award had granted compensation at Rs.2/- per sq.mtr. to the claimant Smt. Sitabai Tulshiram Patil. Being dissatisfied by the compensation awarded by the Land Acquisition Officer, she filed an application under Section 18 of the Act for enhancement and the same came to be referred to and registered as LAR No.403 of 1986. The Reference Court was pleased to fix the market rate at Rs.8/- per sq.mtr. 3. As per the State Government in its Appeal No.787 of 1994 the market rate granted by the Reference Court is high and is not based on any comparable sale instance. Whereas it is the case of the claimant that the market rate fixed by the Reference Court is inadequate. The land owner had claimed enhanced compensation at Rs.10/- per sq.mtr. before the Reference Court. 4. Our attention has been invited to the common judgment dated 31/8/2004 rendered by this Court in First Appeal Nos.1049 and 389 of 1989. The said judgment dealt with the awards passed by the Reference 3 Court and in respect of land acquired from village Chal for the New Bombay Project and acquired vide the notification dated 5th October 1973 i.e. the same project and the same notification. This Court fixed the market rate for the land from village Chal at Rs.15/- per sq.mtr. However, in the instant case the claimant had not filed any application for amendment of her claim before the Reference Court and, therefore, her claim which was considered by the Reference Court was at Rs.10/- per sq.mtr. 5. Hence First Appeal No.787 of 1994 filed by the State fails and the same is hereby dismissed. Whereas First Appeal No.395 of 1992 succeeds and the market rate of the appellant’s land is fixed at Rs.10/- per sq.mtr. In addition the appellant shall be entitled for all the statutory dues under the Act. 6. Fresh award be issued accordingly and the balance amount shall be paid as expeditiously as possible and in any case within three months from today. Parties to bear their own costs. (S,J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)