1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.788 of 1994 With Civil Application No.2186 of 1996 The State of Maharashtra Appellant Vs. Narayan Sakharam Kadam & ors. Respondents With First Appeal No.989 of 1994 Narayan Sakharam Kadam & ors. Appellants Vs. Special Land Acquisition Officer, Panvel Respondent Mrs.G.P.Mulekar, AGP for State. Mr.D.S.Sawant for claimants. 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 6/4/1993 passed by the 2nd Addl. District Judge, Raigad at Alibag in LAR No.127 of 1987. 2. The land belonging to claimants and appellants in First Appeal No.989 of 1994 and admeasuring 2600 sq.mtrs. from Survey No.253, Hissa No.2 of village 2 Pendhar came to be acquired by the State Government pursuant to the notification under Section 4 of the Act published on 3/2/1970 for the New Bombay Project and the Land Acquisition Officer passed his award on 14th February 1986 thereby granting compensation at the rate of Rs.2/- per sq.mtr. 3. The claimants were aggrieved by the compensation awarded by the Land Acquisition Officer and, therefore, they filed an application under Section 18 of the Act for enhancement and the said application came to be referred to the Reference Court and registered as LAR No.127 of 1987. The claimants prayed for market value to be fixed at Rs.30/- per sq.mtr. Whereas by the impugned award the Court has granted the market rate at Rs.13/- per sq.mtr. 4. As per the State Government the market rate fixed by the Reference Court is excessively high and is not realistic. Whereas the claimants state that the rate granted is on the lower side and the market rate should be fixed at Rs.30/- per sq.mtr. The controversy between the parties is no more res integra in view of the judgment of this Court in First Appeal No.875 of 1985 and the connected appeals. The said 3 common judgment was rendered on 16th March 2000 by a Division Bench. The Division Bench was pleased to fix the market rate varying between Rs.19/- to Rs.25/- per sq.mtr. depending on the distance from the highway. The subject land is from village Pendhar of Taluka Panvel and as per the judgment dated 16th March 2000 the market rate fixed would be undisputedly Rs.19/- per sq.mtr. It is also an admitted position that 10 per cent deduction has been provided for development in the said judgment dated 16th March 2000 and the same must also apply in the instant case. Thus if 10 per cent of the market rate is deducted for development, net market rate would come to Rs.17.10. We deem it appropriate to round it off to Rs.17/- per sq. mtr. and we grant the market rate accordingly. 4. Consequently First Appeal No.788 of 1994 filed by the State fails and the same is hereby dismissed. First Appeal No.989 of 1994 filed by the claimants succeeds partly. The market rate of the suit land is fixed at Rs.17/- per sq.mtr. and in addition the claimants would be entitled for all the statutory benefits under the Act. 5. Fresh award be issued accordingly and the 4 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.)