.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 422 OF 1993 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mrs.G.P. Mulekar, A.G.P. for the appellant. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 25TH MARCH 2009 P.C. P.C. P.C. : 1. This appeal has been filed by the State Government against the award dated 13th August 1991 passed by the learned 3rd Additional District Judge, Raigad at Alibag in L.A.R. No.383 of 1986. 2. The claimants’ land located in Survey No.92 and admeasuring 9310 sq.ms. at village Valvali, Taluka Panvel, District Raigad came to be acquired for the New Bombay Project as per the Notification dated 3rd February 1970. The Reference Court has awarded the market value at Rs.10/- per sq.m. and it is case - 2 - of the Government that the said market value must be reduced. 3. In First Appeal No.25 of 1992 filed by the State Government against the award passed by the Reference Court (L.A.R. No.388 of 1987) and on the basis of the earlier decision of the Division Bench, the Single Bench by its judgment dated 22nd April 2004 has fixed the market rate at Rs.14/- per sq.m. in respect of the land situated in the same village acquired for the very same Project and under the same Notification. Hence, this appeal must fail. 4. The appeal is hereby dismissed. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)