:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL STAMP NO. 24997 OF 2006 AND CIVIL APPLICATION NO. 5481 OF 2008 The State of Maharashtra and ors. ..Appellants Vs. 1. Radhu Dhondiba Hole and ors. ..Respondents WITH FIRST APPEAL STAMP NO. 25018 OF 2006 AND CIVIL APPLICATION NO. 5483 OF 2008 The State of Maharshtra and ors. ..Appellants Vs. 1. Manohar Gangaram Hole (deceased) heirs 1. Deepak M. Hole and ors. ..Respondents WITH FIRST APPEAL STAMP NO. 25022 OF 2006 AND CIVIL APPLICATION NO. 5485 OF 2008 The State of Maharashtra and ors. ..Appellants Vs. Chindu Kondiba Hole ..Respondent WITH FIRST APPEAL STAMP NO. 25002 OF 2006 AND CIVIL APPLICATION NO. 5487 OF 2008 The State of Maharashtra and ors. ..Appellants Vs. Sakharam S. Hole ..Respondent :2: WITH FIRST APPEAL STAMP NO. 25005 OF 2006 AND CIVIL APPLICATION NO. 5489 OF 2008 The State of Maharashtra and ors. ..Appellants Vs. 1. Pandurang H. Hole and ors. ..Respondents WITH FIRST APPEAL STAMP NO. 25008 OF 2006 WITH CIVIL APPLICATION NO. 5491 OF 2008 The State of Maharashtra and ors. ..Appellants Vs. 1. Yashwant S. Hole and ors. ..Respondents WITH FIRST APPEAL STAMP NO. 25011 OF 2006 WITH CIVIL APPLICATION NO. 5493 OF 2008 The State of Maharashtra and ors. ..Appellants Vs. 1. Shivaji S. Kalwade and ors. ..Respondents WITH FIRST APPEAL STAMP NO. 25014 OF 2006 AND CIVIL APPLICATION NO. 5495 OF 2008 The State of Maharashtr and ors. ..Appellants Vs. Pandurang B. Bandal ..Respondent Mrs. G.P. Mulekar, AGP for appellants in all the appeals. Mrs. P.H. Potnis for respondents in all the appeals. :3: CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 28, 2009. Date : January 28, 2009. Date : January 28, 2009. P.C.: P.C.: P.C.: 1. The learned 12th Ad-hoc Additional District Judge at Pune passed a common award on 3/9/2005 and allowed the individual References of different land owners. The acquired lands covered by the impugned award are from village Kasari and the acquisition was for the Bhama Askhed Project (submergence area). It appears, for the said project the land was acquired in different phases and we are informed that for the acquisition of land from village Shive which is in the neighbourhood of village Kasari, the notification under Section 4 of the Land Acquisition Act, 1894 was issued on 30/6/1994, whereas for acquisition of land from village Deshmukhwadi the said notification was issued on 4/9/1997. For the lands acquired from village Shive, the award was passed on 31/7/1997, whereas the award for the lands from Deshmukhwadi was passed on 1/12/1999. The land owners had applied for enhancement of compensation under Section 18 of the said Act and the References came to be decided on :4: 27/8/2004, pertaining to the land in Shive and on 21/11/2004 pertaining to the land in Deshmukhwadi. The market value of the land for village Shive was fixed at Rs.1,25,000/- per hectare, whereas for Deshmukhwadi village market value was fixed at Rs.1,32,000/- per hectare. The State Government was aggrieved by these awards and had filed appeals before this court which appeals have been dismissed on 2/5/2008. A copy of the said judgment is placed before us. The market rate fixed by the Reference Court at Rs.1,25,000/- or Rs.1,32,000/-, as the case may be, has been confirmed by this court. 2. There is no doubt that the lands acquired from all the different villages is for the very same project and they are abutting river Bhama and the distance between these villages is slightly more than a kilometre or so. The quality of land (Jirayat) is also almost the same. In the impugned award the Reference Court has fixed the market value of the acquired land from village Kasari at Rs.1,28,000/- per hectare. The market value of the land from village Deshmukhwadi in respect of which the notification :5: under Section 4 was issued on 4/9/1997 came to be fixed at Rs.1,32,000/- per hectare and the notification in respect of the land from village Kasari was published subsequently i.e. on 25/12/1997. The market value fixed by the Reference Court at Rs.1,28,000/- in the impugned award has not been challenged by the land owners and, therefore, they have accepted the said market rate. 3. As the appeals in respect of the lands located in village Shive as well as Deshmukhwadi have been dismissed and having regard to the fact that the learned AGP does not dispute so far as the quality of the land is concerned, we do not see any justification in entertaining these appeals. 4. Hence, the appeals are dismissed in limine by adopting the same reasons as are set out in the judgment dated 2/5/2008 rendered by this court. 5. Civil Application Nos.5481, 5483, 5485, 5487, 5489, 5491, 5493 and 5495 all of 2008 do not survive and disposed accordingly. :6: (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)