1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.791 of 1994 The State of Maharashtra Appellant Vs. Ganesh Kana Daur & ors. Respondents With First Appeal No.992 of 1994 And Civil Application No.3046 of 1998 Ganesh Kana Daur & ors. Appellants Vs. Special Land Acquisition Officer New Panvel, Tahsil: Panvel, Dist.Raigad. Respondent Mrs.G.P.Mulekar, AGP for State. Mr.Rahul Thakur for claimants. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. April 6, 2009. ORAL JUDGMENT (PER B.H.MARLAPALLE,J.) 1. These First Appeals arise from the award dated 31st March 1993 passed by the 2nd Addl. District Judge, Raigad at Alibaug in LAR No.703 of 1986. The claimants were the owners in Survey Nos.5 and 62 admeasuring 3700 sq.mtrs. which came to be acquired for the New Bombay Project by the State Government. 2 The notification under Section 4 of the Land Acquisition Act, 1894 ("the Act" for short) was published on 3rd February 1970 and the award was passed by the Land Acquisition Officer on 5th July 1986. The Land Acquisition Officer granted compensation of Rs.20,661.20 and the same was found to be inadequate by the land owners. Hence they submitted an application under Section 18 of the Act and claimed compensation at the rate of Rs.25/- per sq.mtr. which application came to be referred to the Reference Court and registered as LAR No.703 of 1986. By the impugned award the market rate has been fixed at Rs.5/- per sq.mtr. and other benefits under the Act have also been granted. 3. Mrs.Mulekar, the learned AGP was fair enough to invite our attention to the common judgment dated 18/7/2001 rendered by a Division Bench of this Court thereby deciding a group of First Appeals starting from First Appeal No.462 of 1990 and for the very same project i.e. New Bombay Project and from the very same notification under Section 4 of the Act i.e. notification dated 3rd February 1970. The market rate for village Dapoli has been fixed at Rs.10/- per sq.mtr. and undoubtedly the said market rate must 3 apply for the land covered by the instant appeal as well. 4. Hence First Appeal No.791 of 1994 fails and the same is hereby dismissed. Whereas First Appeal No.992 of 1994 is partly allowed and the market rate of the claimants’ land is fixed at Rs.10/- per sq.mtr. In addition the claimants will be entitled for all the statutory benefits. 5. 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. 6. Civil application does not survive and the same stands disposed. (S,J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)