abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 877 OF 1995 The State of Maharashtra .. Appellant V/s Sitaram Narayan Patil & Anr. .. Respondents Mrs.S.P. Manchekar, A.G.P. for the appellant. Mr.S.P. Thorat for the respondents. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 25TH MARCH 2009 P.C. P.C. P.C. : 1. In this appeal, we have noticed that after the reference was made by the Collector for enhancement of compensation claimed at Rs.15/- per sq.m., the claimants filed an application at Exhibit-10 and enhanced the claim to Rs.40/- per sq.m. and this application was allowed though the claim allowed by the Reference Court is only at Rs.12/- per sq.m. We, therefore, proceeded to decide the appeal on merits. - 2 - 2. It has been brought to our notice that First Appeal No.1782 of 2002 and First Appeal No.757 of 2003 came to be decided by a common judgment dated 31st March 2004 and by dividing the land under acquisition as per the Notification dated 3rd February 1970 for the New Bombay Development Project. The market value was fixed in terms of the following observations:- (a) The first group will consist of the lands situated within 750 mts. of the National Highway where the market value is fixed at Rs.28/- per sq.mt. Considering 10% deduction and rounding the figure we fix the market value at Rs.25/- per sq.mt. This will be the market value for all such lands in the group of appeals. (b) The second group will consist of lands situated between 750 and 1500 sq.ms. In respect of these lands we fix the market value at Rs.26/- per sq.mt. Considering 10% deduction and rounding up the figure we fix the market value at Rs.23/- per sq.mt. (c) The third category will include the lands beyond 1500 sq.mt. We fix the market - 3 - value of these land at Rs.23.50 per sq.m. and after deducting 10% and rounding the figure, fix the market value at Rs.21/- per sq.m. 3. The land under acquisition and subject matter of the instant appeal is covered by the Notification dated 3rd February 1970 and for the very same Project, that is development of New Bombay. The land is from Village Navade and the Division Bench in First Appeal No.602 of 1991 and First Appeal No.50 of 1992 by following the earlier judgment dated 31st March 2004 has fixed the market value for the land from village Navade at Rs.25/- per sq.m. By the impugned award, the Reference Court has fixed the market rate at Rs.12/- per sq.m. Hence, there is no merit in the challenge raised against the impugned award by the Government and consequently the appeal must fail. 4. The appeal is hereby dismissed. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)