1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.790 of 1994 The State of Maharashtra Appellant Vs. Gunabai Shivram Daur & ors. Respondents Mrs.G.P.Mulekar, AGP for State. Mr.N.J.Patil for respondents. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. April 6, 2009. ORAL JUDGMENT (PER B.H.MARLAPALLE,J.) 1. This Appeal by the State Government filed under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) arises from the award dated 31/3/1993 passed by the IInd Addl. District Judge, Raigad at Alibaug in LAR No.700 of 1986. 2. The respondents - claimants land admeasuring about 24840 sq.mtrs. came to be acquired by the State Government as per the notification under Section 4 of the Act and published on 3rd Feburary 1970. By his award the Land Acquisition Officer had granted compensation of Rs.1,04,692/-. Being aggrieved by the said compensation they filed an application under Section 18 of the Act and prayed for compensation to 2 be revised to Rs.30/- per sq.mtr. However, by the impugned award the Reference Court has fixed the market value at Rs.5/- per sq.mtr. and hence this appeal by the State. 3. Mrs.Mulekar, the learned AGP was fair enough to invite our attention to the common judgment dated 18/7/2001 rendered by a Division Bench of this Court thereby deciding a group of First Appeals starting from First Appeal No.462 of 1990 and for the very same project i.e. New Bombay Project and from the very same notification under Section 4 of the Act i.e. notification dated 3rd February 1970. The market rate for village Dapoli has been fixed at Rs.10/- per sq.mtr. and undoubtedly the said market rate must apply for the land covered by the instant appeal as well. 4. Hence this appeal by the State fails and the same is hereby dismissed but without any order as to costs. (S,J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)