Lsp 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 APPEAL (ST) NO. 25275 OF 2007 The State of Maharashtra ...Appellant v/s. Shankar Ragho Kumbhar D/H. Naresh Ramchandra Kumbhar & ors. ...Respondents Mrs. G.P. Mulekar, AGP for the appellant. Ms. Bhagyashri Joshi i/b. D.N.Salvi for respondents 1 to 4. CORAM CORAM CORAM : B.H.MARLAPALLE & : B.H.MARLAPALLE & : B.H.MARLAPALLE & RAVI RAVI RAVI K.DESHPANDE, JJ. K.DESHPANDE, JJ. K.DESHPANDE, JJ. APRIL APRIL APRIL 01, 2009 01, 2009 01, 2009 P.C. . Heard Mrs. Mulekar, the learned counsel for the appellant-State of Maharashtra and Mrs. Bhagyashri Joshi holding for Mr. D.N. Salvi, the learned counsel for the respondents. 2. The Government of Maharashtra issued a notification under Section 4 of the Land Acquisition Act, 1894 (the Act for short) and published the same on 24-9-1986 for the development of new Bombay. The Land Acquisition Officer passed an Award on 25/08/1989 and granted an amount of Rs.6,96,913/- to the present respondents by way of compensation. The claimants were not satisfied by the said amount and, therefore, they filed an application under Section 18 of the Act for enhancement 2 and the said application was referred to the court. LAR No. 393/2000 (Old No. 164/1989) came to be decided and partly allowed by the learned Joint Civil Judge, Senior Division at Alibag vide his Award dated 31/10/2006. The market rate of the claimants land admeasuring 1,07,220 sq. meter came to be fixed at Rs. 100/ per sq. meter by the Reference Court. The State Government is aggrieved by the said Award passed by the Reference Court and hence this appeal under Section 54 of the Act. 3. This Court by a common Judgment dated 21/06/2007 decided First Appeal No. 646/1995 and other connected appeals. The land acquired and subject matter of the said appeals was from village Road Pali, Tal. Panvel and was acquired under the very same notification dated 24/09/1986. The Reference Court enhanced the compensation and the Awards passed came to be challenged by the State Government in First Appeal No. 646/1995 and other connected appeals. The claimants had also filed cross objections. The appeals filed by the State Government came to be dismissed whereas the cross objections came to be allowed by fixing the market rate at Rs. 1,725/- per sq. meter with all statutory benefits as contemplated under the Act. 4. As noted earlier in the instant case the impugned Award rendered by the Reference Court has fixed the 3 market rate at Rs.100/- per sq. meter though the land is from the neighbouring village i.e. Bombavi, Tal. Panvel. Mrs. Mulekar also stated that the common Judgment of this Court rendered on 21/06/2007 and referred to hereinabove is presently under challenge before the Apex Court. 5. We are, therefore, satisfied that this appeal by the State Government against the Award of the Reference Court fixing the market rate at Rs. 100/- per sq. meter for the very same project and covered by the very same notification must fail at the threshold itself as the reasoning set out by the Reference Court needs no reconsideration by us on the face of the fact that this Court had fixed the market rate at Rs. 1725/- per sq. meter. 6. Hence, the appeal is dismissed in limine. (RAVI (RAVI (RAVI K.DESHPANDE, J) K.DESHPANDE, J) K.DESHPANDE, J) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)