1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.712 of 1994 Smt.Bamubai Haribhau Jitekar & ors. Appellants Vs. The State of Maharashtra Respondent With First Appeal No.774 of 1994 The State of Maharashtra Appellant Vs. Smt.Bamubai Haribhau Jitekar & ors. Respondents Mr.S.G.Surana for claimants. Ms.A.A.Mane, AGP for State. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. April 15, 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) impugn the award dated 31/3/1993 passed by the learned 2nd Addl. District Judge, Raigad at Alibaug in LAR No.685 of 1986. The Reference Court was pleased to fix the market value at Rs.5/- per sq. mtr. The claimants’ land came to be acquired for the New Bombay Project as per the notification published under Section 4 of the Act on 3/2/1970 and the 2 acquired land admeasured 23200 sq.mtrs. In addition the value for trees was fixed at Rs.88,875/- and all other statutory benefits under Section 23(1-A) and Section 23(2) as well as interest under Section 28 of the Act have been granted. 2. The claimants in First Appeal No.712 of 1994 state that the market value fixed by the Reference Court is inadequate, whereas in First Appeal No.774 of 1994 the State Government claims that the market value fixed by the Reference Court is on the higher side and is not realistic. 3. The challenge to the award when it comes to fixing the market value is no more res integra in view of the judgment of this Court rendered on 18th July 2001 in First Appeal No.462 of 1990, First Appeal No.1080 of 1989 along with other connected appeals. By the said judgment a Division Bench of this Court has fixed the market value of the land acquired for the New Bombay Project vide the very same notification dated 3rd February 1970 from different villages including village Dapoli. The market value of the land from village Dapoli and acquired for the very same project as in the instant case has been fixed by 3 the Division Bench at Rs.10/- per sq.mtr. This judgment dated 18/7/2001 has been followed subsequently in all the appeals dealing with the lands acquired for the New Bombay Project under the very same notification dated 3rd February 1970. Hence we adopt the same market value of Rs.10/- per sq.mtr. in the instant case as well, as the land of the claimants is also from village Dapoli. 4. Hence First Appeal No.774 of 1994 fails and the same is hereby dismissed. Whereas First Appeal No.712 of 1994 succeeds partly and the market rate of the land of the claimants is fixed at Rs.10/- per sq.mtr. instead of Rs.5/- per sq.mtr. as granted by the Reference Court. We also confirm the amount granted by the Reference Court for trees. In addition, the claimants will be entitled for the benefits under Sections 23(1-A) and 28 of the Act. 5. Fresh award be drawn accordingly. Parties to bear their own costs. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)