1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.278 OF 2008 The State of Maharashtra ..Appellant V/s. Smt.Bhimabai Naga Mhatre & ors. ..Respondents Mr.S.V.Gajare, AGP None for the respondents CORAM : A.S.OKA, J. DATE : 15TH FEBRUARY,2008 P.C. . Heard learned AGP for the appellant. The challenge in this appeal is to the Judgment and Award dated 31st July, 1993 passed by the Reference Court under Section 18 of the Land Acquisition Act, 1894. 2. The acquisition relates to a land at village Kamothe, Tal.Panvel, District Raigad which was notified under Section 4 of the said Act on 3rd February, 1970 for the public purpose of setting up of a satelite of New Bombay. 2 3. The Reference Court has awarded market value of Rs.15 per square meter. For similarly situated lands in the same village which were notified for acquisition by the same Notification, this Court has granted market value at the rate of Rs.20/- per square meter and above. The said decision of this Court has attained finality. Hence there is infirmity in the impugned Award by which market value has been fixed at Rs.15/- per Sq.Meter. In this case since the Award under Section 11 of the said Act has been made on 28th May, 1985, there cannot be a dispute regarding grant of statutory benefit. Hence, there is no merit in the Appeal and the same is accordingly dismissed with no order as to costs. (A.S.OKA, J.) 3