:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 153 OF 1996 The State of Maharashtra ..Appellant Vs. Shri Pushpasen Bhikaji Sawant ..Respondent Mr. A.R. Patil, AGP for appelalnt. Mr. A.S. Khandeparkar for respondent. CORAM: CORAM: CORAM: B.H. B.H. B.H. MARLAPALLE & S.J. VAZIFDAR,JJ. MARLAPALLE & S.J. VAZIFDAR,JJ. MARLAPALLE & S.J. VAZIFDAR,JJ. Date Date Date : : : April 22, 2009. April 22, 2009. April 22, 2009. P.C.: P.C.: P.C.: 1. This appeal filed under Section 54 of the Land Acquisition Act, 1894 (the Act for short) arises from the award passed by the learned Joint Civil Judge, S.D., Ratnagiri at Sawantwadi on 20/3/1995 in L.A.R. No. 35 of 1991. 2. The respondent-claimant’s land located in Survey No.67/2-A of village Oros in Kudal Taluka of Sindhudurg District came to be acquired for the establishment of the District Court Headquarters at :2: Oros vide the notification issued under Section 4 of the Act on 28/2/1989. The total area under acquisition was 94 Are and the Reference Court was pleased to fix the market rate at Rs.1000/- per Are. The State Government is aggrieved by the said award and hence this appeal. 3. In First Appeal No. 150 of 1996 decided by us on 16/3/2009, we have confirmed the market rate of Rs.1000/- per Are for the land acquired by the very same notification dated 28/2/1989 for the establishment of the District Headquarters and located in the very same village i.e. Oros and the award impugned was passed in L.A.R. No. 29 of 1991. The land under acquisition admeasured 27 Are from Survey No. 123/25. 4. In the instant case also the land is from village Oros and acquired by the very same notification and for the same project. We, therefore, do not find any reason to cause interference in the impugned award fixing the market rate at Rs.1000/- per Are and, therefore, this appeal fails. :3: 5. The appeal is dismissed and the award passed by the Reference Court is hereby confirmed for the reasons stated in our judgment dated 16/3/2009 in First Appeal No. 150 of 1996. No order as to costs. (S.J. (S.J. (S.J. Vazifdar, J.) Vazifdar, J.) Vazifdar, J.) (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)