:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 614 OF 1996 The State of Maharashtra (Through the Spl. Land Acquisition Officer, Sindhudurg, At Kudal) ..Appellant Vs. Shri Jagannath Bapu Parab since deceased through his LRs. 1a. Shri Ashok Jagannath Parab and ors. ..Respondents Ms. S.P. Manchekar, AGP for appellant. Ms. Sheetal Sonawane for respondents. CORAM: B.H. MARLAPALLE & CORAM: B.H. MARLAPALLE & CORAM: B.H. MARLAPALLE & RAVI K. DESHPANDE,JJ. RAVI K. DESHPANDE,JJ. RAVI K. DESHPANDE,JJ. Date : March 30, 2009. Date : March 30, 2009. Date : March 30, 2009. P.C.: P.C.: P.C.: 1. This appeal filed under Section 54 of the Land Acquisition Act, 1894 (the Act for short) arises from the award dated 7/4/1995 passed by the learned Joint Civil Judge, S.D., Ratnagiri at Sawantwadi in Land Reference No. 35 of 1992. :2: 2. The respondent’s agricultural land came to be acquired by the Government of Maharashtra for establishing the Headquarter of Sindhudurg District at Oros and the land was located in village Ranbambuli, Taluka Kudal, District Sindhudurg. Notification under Section 4 of the Act was issued on 28/2/1989 and the Land Acquisition Officer passed his award on 6/1/1992 granting compensation on the basis of the land revenue as shown below: Sr.No. Land Revenue Compensation per R. ----- ------------ ------------------- 1. Rs.0.01 to Rs.2.50 Rs.100/- 2. Rs.2.51 to Rs.5/- Rs.150/- 3. More than Rs.5/- Rs.200/- . Being dis-satisfied with the compensation granted by the Land Acquisition Officer, the respondent-owner - Shri Jagannath Parab filed an application under Section 18 of the Act which was referred by the Collector to the Reference Court. The claimant had claimed compensation at the rate of :3: Rs.2000/- per Are. The claim was partly allowed by determining the compensation rate at Rs.1000/- per Are. The State is aggrieved by the said award. 3. First Appeal No. 150 of 1996, which came to be decided by this court on 16/3/2009, arose from the award passed by the very same court in Land Reference No. 29 of 1991. The notification under Section 4 was the same i.e. dated 28/2/1989. The Land Acquisition Officer had passed his award on 14/3/1991. The land was acquired for the very same purpose i.e. establishing the Headquarter of Sindhudurg District and the compensation fixed by the court was at Rs.1000/- per Are. While dismissing the appeal filed by the State Government, we have confirmed the rate of Rs.1000/- per Are. For the reasons stated in judgment rendered by this court in First Appeal No. 150 of 1996, this appeal also must fail. 4. Hence the appeal is dismissed. The parties to bear their own costs. :4: (Ravi K. Deshpande,J.) (B.H. Marlapalle,J.) (Ravi K. Deshpande,J.) (B.H. Marlapalle,J.) (Ravi K. Deshpande,J.) (B.H. Marlapalle,J.)