-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.1059 OF 1992 APPEAL NO.1059 OF 1992 APPEAL NO.1059 OF 1992 The State of Maharashtra ...Appellant vs. 1.Peercha Jamlsha Darga,through trustees 1a Ibrahim Shaikh Mujuwar 1b Mahamed Yusuf Abdul Hamid Mulla 2. Balaram Shankar Bahira (since deceased through L.Rs.) 2/1 Smt.Jamanabai Balaram Bahira 2/2 Shri Jagdish Balaram Bahira 2/3 Shri Ram Balaram Bahira 2/4 Shri Yashwant Balaram Bahira 2/5 Shri Bhagwan Balaram Bahira 3. Dharama Shankar Bahira 4. Eknath Shankar Bahira 5. Sou.Sitabai Kamalya Waghilkar 6. Sou.Mankubai Janardan Koli 7. Smt.RaghubaiShankar Bahira ...Respondents Ms G.P.Mulekar A.G.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 14, 2008. : MARCH 14, 2008. : MARCH 14, 2008. ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. Heard learned A.G.P. for the Appellant. The challenge in this Appeal is to the Judgment and award dated 4th September 1991 passed by the learned III Additional District Judge, Raigad. The acquisition relates to the land bearing Survey No.376 admeasuring 4650 sq. meter situated at village Panvel, Taluka Panvel, District Raigad. The said land was notified for acquisition on 3rd February 1970 by a notification under section 4 of the Land Acquisition Act,1894 (hereinafter referred to as the "said Act"). As the Award made under section 11 of the said Act was not accepted by the -2- Respondents-claimants, a reference was made at their instance under section 18 of the said Act. By the impugned Judgment and Award, the Reference Court has fixed the market value at the rate of Rs.10/- per square meter. The Reference Court has also granted statutory benefits. 2. The submission of the learned A.G.P. for the Appellant is that the market value fixed by the Reference Court is excessive and is not supported by any legal evidence on record. She submitted that there was no evidence adduced of comparable sale instances. 3. For the lands at village Panvel which are far away from the Bombay Pune national highway, the market value at the rate of Rs.20/- per square meter has been fixed by the Division Bench. In the present case, the market value is fixed at the rate of Rs.10/- per square meter. 4. There is no case made out for interference. Appeal is dismissed with no order as to costs. 5. Civil Application No.60 of 1993 does not survive and the same is disposed of. JUDGE JUDGE JUDGE