1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.23 of 1993 The State of Maharashtra Appellant Vs. Shri Gopinath Dharma Navadekar Respondent Ms.G.P.Mulekar, AGP for State. Ms.Jai V. Kanade i/b. Mr.G.S.Godbole for resp.no.1. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. September 9, 2008 P.C. 1. This appeal is directed against the award passed by the learned 3rd Addl. District Judge, Raigad at Alibaug on 30/1/1992 in LAR No.406 of 1986. The Reference Court fixed the market rate of the land under acquisition at the rate of Rs.13/- per sq.mtr. and the same is challenged in this appeal filed by the State. 2. Mrs.Mulekar, the learned AGP fairly conceded that the challenge raised in this appeal is no more res integra in view of the judgment rendered by the Division Bench of this Court on 16th March 2000 in First Appeal No.875 of 1985 and the connected appeals arising from the very same notification issued under Section 4 of the Land Acquisition Act in the year 2 1970. By the said judgment, the appeals arising from the acquisition of the lands from village Pendhar, Taloja, Panchand, Owe, Belpada and Kharghar in Panvel Taluka of Raigad District came to be decided. The said lands were acquired by the Government of Maharashtra for the New Bombay project. By the said judgment the Division Bench fixed the market value of the lands from village Owe at the rate of Rs.13/- per sq.mtr. as is the market value fixed under the impugned award. 3. Hence this appeal in respect of the land acquired from village Owe must fail and the same is hereby dismissed. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)