-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1052 OF 1989 FIRST APPEAL NO.1052 OF 1989 FIRST APPEAL NO.1052 OF 1989 The State of Maharashtra, .. Appellant Vs 1.Shri Krishna Ramdas Patil, 2.Smt Rajbai Ramdas Patil, since deceased through her L.Rs.:- 2A) Shri Krishna Ramdas Patil and ors. 3.Shri Ramesh Ramdas Patil, 4.Shri Baliram Ramdas Patil, .. Respondents. Mrs G.P.Mulekar, AGP for the appellant. Mr K.N.Kore, for the respondents. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATE : 09/09/2008 DATE : 09/09/2008 DATE : 09/09/2008 ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: (Per B.H.Marlapalle,J.) (Per B.H.Marlapalle,J.) (Per B.H.Marlapalle,J.) 1. This appeal is directed against an Award passed by the reference Court in Land Acquisition Reference No.187 of 1986 on 21.1.1989. By the said Award, the reference Court was pleased to enhance the market price of the claimants’ land to Rs.5/- per sq.meter as against the market rate prescribed by the Land Acquisition Officer at Rs.7500/- per Acre. 2. The Appeal Memo has been amended by the learned AGP -2- with the leave of this Court and an issue of limitation prescribed under Section 18(2) of the Land Acquisition Act, 1894 has been raised. Our attention has also been invited to the Full Bench decision of this Court in First Appeal No.251 of 1996 rendered on 22.2.2007. 3. We have noted that the notification under section 4 of the Act was issued on 3.2.1970 and the Land Acquisition Officer passed his Award on 27.6.1986 whereas the possession was taken over on 8.7.1986 and served on 8.7.1986. This appeal has been pending since last about 19 years and it would not be, therefore, just and proper to remand the reference to the Court below to decide the issue of limitation after granting sufficient opportunity to the claimants to meet the case. This is more so when the learned AGP was fair enough to invite our attention to the Judgment dated 18.7.2001 rendered by a Division Bench of this Court in First Appeal No.462 of 1990 with other connected Appeals arising from the very said notification dated 3.2.1970 and for the same project/purpose. The Division Bench was pleased to allow the Appeals filed by the claimants and enhanced the market price to Rs.10/- per sq.meter. The delay in filing the reference applications was also condoned. However, the claimants have not filed a cross claim in this matter for enhancement of the market rate and in the absence of such a step it would not be -3- proper for us to enhance the market rate to Rs.10/- per sq.meter. At the same time, we do not wish to enter into the issue of limitation and on merits we are not inclined to hold that the reference Court was in error to enhance the market rate to Rs.5/- per sq.meter. 4. In the premises, the appeal is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)