IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.703 OF 2008 The State of Maharashtra )..Appellant Versus Madhukar Pandurang Thakur & Ors. )..Respondents ---- Ms.Shilpa Gajare AGP for appellant/State. Mr.K.N.Kore for respondent nos.1 to 3. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 6.5.2008. PC 1. Heard both sides. This is a First Appeal from an order passed in a reference awarding compensation in lieu of acquisition at the rate of Rs.15 per square meter. The acquisition was made under a notification issued under Section 4 on 7.9.1970. The award has been passed on 28.1.1994. Learned AGP for the appellants states that the land which is acquired is in village Nerul which is adjoining the village Sanpada, in Navi Mumbai. It is contended that in respect of a notification issued for the same purpose on 4.2.1970, this Court in First Appeal No.1201/89 approved the grant of market rate of Rs.15 per square meter and dismissed the appeal of the State. It is contended that the land in question is situated at village Nerul about 1 & 1/2 furlong from the land which is the subject matter of : 2 : First Appeal No.1201/89. I have perused the judgment of this Court passed on 4.4.2006 in First Appeal No.1201/89. The present acquisition seems to be on land which can be said to be at par. In the circumstances, I am not inclined to admit the First Appeal and the same stands rejected. Certified copy expedited. Advocate for the respondents states that his clients have instructed him to state that they are not applying for enhancement. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)