-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.615 OF 1991 The State of Maharashtra .. Appellant. Vs. Abdul Rahiman Mahamad Saheb Patel (since deceased by his LRs) 1-A. Ismail Abdul Rahiman Patel and Others .. Respondents. WITH FIRST APPEAL NO.383 OF 1993 Abdul Rahiman Mahamad Saheb Patel (since deceased by his LRs) 1-A. Ismail Abdul Rahiman Patel and Others .. Appellant. Vs. The State of Maharashtra .. Respondent. Ms.S.P.Manchekar AGP for the appellant in FA No.615/91 and for respondent in FA No.383/93. Mr.S.A.Sawant for respondent nos.1A to 1H in FA No.615/91 and for the appellant in FA No.383/93. Mr.Uday P.Warunjikar for respondent nos.3 and 7. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATED : 25TH SEPTEMBER, 2008. DATED : 25TH SEPTEMBER, 2008. DATED : 25TH SEPTEMBER, 2008. PC: PC: PC: . Both these appeals challenge the common award passed by the learned IIIrd Additional District Judge, -2- Raigad at Alibag in L.A.R. No.26 of 1987 on 8.10.1990. First Appeal No.615 of 1991 has been filed by the State Government whereas First Appeal No.383 of 1993 has been filed by the claimants. The Reference Court has fixed the market rate of acquired land at Rs.12/- per sq. mtr. The State Government claims that the rate fixed is on higher side whereas land owners claim that the rate so fixed is on lower side. Admittedly, the acquired land is from the village Owe, Taluka Panvel, District Raigad. 2. Our attention has been invited to the common judgment rendered by this court on 16.3.2000 and in the said judgment this court fixed compensation for the land acquired from the village Owe at Rs.13/- per sq. mtr. There are in all 17 lands acquired from the village Owe. We have noted that the land which is subject matter of these appeals is covered by the very same notification and for the same project as in the judgment cited above and land is from village Owe. We are bound by the judgment dated 16.3.2000 and more so when it has been pointed out to us by the learned A.G.P. that the said judgment has not been reversed by the Apex Court till this date. Consequently, the market rate of the land covered by the impugned award is required to be fixed to Rs.13/- sq. mtrs. -3- 3. In the premises Appeal No.615 of 1991 fails and the same is hereby dismissed. Appeal No.383 of 1993 succeeds partly and it is held that the market value of the land under acquisition and which is part of the impugned award is Rs.13/- per sq. mtr. and the land owners are entitled for compensation at the same rate including all other statutory benefits. The impugned award stands modified accordingly. 4. Costs in cause. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)