1 IN THE HIGH COURT OF BOMBAY AT GOA First Appeal No.177 of 2003 Shri Nagesh Govind Alvani by his Power of Attorney, Damodar Naguesh Alvani, R/O Veling Post Office,Mardol,Goa .... Appellant V e r s u s 1. Land Acquisition Officer, P.W.D., (Cell), Altinho, 2. Executive Engineer, Works Division XV (NH), P.W.D., Ponda, Goa. .... Respondents Mr. A.F. Diniz, Advocate for the Appellants. Mr. A. Kakodkar, Additional Government Advocate for the Respondents. First Appeal No.223 of 2003 1. Land Acquisition Officer, P.W.D., (Cell), Altinho, Panaji-Goa. 2. Executive Engineer, W.D. XV (NH), P.W.D., Ponda, Goa. .... Appellants V e r s u s Shri Damodar Nagesh Alvani, Power of attorney holder of Shri Nagesh Govind Alvani, 2 R/o Veling Post Officer, Mardol, Goa. ..... Respondent Shri A. Kakokar, Additional Government Advocate for the Appellants. Mr. A.F. Diniz, Advocate for the Respondent. Coram: A. P. Lavande, J. Date: 22nd September, 2010. ORAL JUDGMENT: Heard learned counsel for the parties. Both these appeals are being disposed of by common judgment since they arise out of the same acquisition. 2. The appellants in First Appeal No. 177 of 2003 have filed the present appeal aggrieved by the inadequacy of compensation granted by the Reference Court, whereas, First Appeal No.223 of 2003 has been filed by the appellants being aggrieved by the higher compensation granted by the Reference Court. 3. Vide Notification dated 19/4/1993 issued under 3 Section 4 of the Land Acquisition Act, 1984 (“The Act” for short) which was published in Official Gazette dated 10/06/1993, the Government of Goa acquired lands of several persons for the purpose of Mardol National Highway 4A (Mardol Bye-pass) in Ponda Taluka. An area admeasuring 1550 sq.metres from survey no.21/2 of village Veling in Ponda Taluka belonging to the appellants in First Appeal No.177 of 2003 (hereinafter referred to as the claimants) was part of the acquired land. The claimants claimed Rs.500/- per sq.metre. The Land Acquisition Officer made award on 18/06/1996 and awarded Rs.25/- per sq.metre. Aggrieved by the inadequacy of the compensation, the claimants sought reference under Section 18 of the Act and claimed Rs. 500/- per sq.metre. 4. In Land Acquisition Case no. 53 of 1998 before the Additional District Judge, Panaji, Damodar N. 4 Alvani, son of claimant no.1 was examined. He relied upon three sale deeds; two sale deeds were executed on 10/10/1991 and 26/4/1995 for Rs.225/- and Rs.261.92, respectively. He also placed reliance on sale deed dated 19/6/1986 i.e. (Exhibit 19) by which an area of 320 sq.metres from survey number 320 sq.metres was sold by claimant no.1 at the rate of Rs.145.68/- per sq.metre. He also deposed that the acquired land was close to famous temples such as Mahalsa and Mangeshi which are of tourist attraction and that the acquired land was in a settlement zone and facilities such as telephone, water and electricity were available. The industrial estates of Kundaim and Madkaim were situated at a distance of 5 to 6 kms from the acquired land. School, post office, banks, primary school were in the radius of 600 metres. 5. The Reference Court placed reliance upon sale deed dated 19/6/1986 (Exhibit 19) and deducted 40% on 5 the ground that the sale deed plot was developed, whereas the acquired land was not developed. The Reference Court further deducted 40% on the ground that the sale deed plot was smaller plot as compared to the acquired land and and it was also abutting the National Highway and on the other side by 8 metres wide internal road, which advantages the acquired land did not have. The Reference Court thereafter took into consideration the fact that the sale deed was executed a couple of years prior to the date of acquisition and consequently came to the figure of Rs.56/- per sq.metre. 6. The following point arises for determination in the appeal: Whether the market rate of the acquired land at Rs.56/- per sq.metre fixed by the Reference Court is just and proper ? If not what compensation the claimants are entitled to? 6 7. By separate judgment passed today in First Appeal No.176/2003 and First Appeal no.224/2003, placing reliance upon sale deed dated 19/6/1986 (Exhibit AW.1/C ), I have awarded Rs.115/-per sq.metre in respect of the land bearing survey no.20/2 which was acquired by notification published on 16/8/1991. 8. In the previous case the notification under Section 4 was published on 18/10/1991 and in the present case the notification was published on 10/6/1993. There is no serious dispute that the lands acquired and forming subject matter of First Appeal no.176/2003 and First Appeal No.224/2003 and the lands in the present case are similar. Moreover, in both the cases the Reference Court awarded compensation at the same rate i.e. Rs.56/- per sq.metre. Therefore, considering the fact that in the present case the notification was issued about one year and eight months after the first notification, the claimant is 7 entitled to higher compensation by 17% and as such the market rate comes to Rs.135/- per sq.mt. The claimant is therefore entitled to compensation at the rate of Rs.135/- per sq.metre in respect of acquired land. Needless to mention that the claimant is also entitled to all the statutory benefits under the Act. 9. For the reasons aforesaid, First Appeal No.177 of 2003 is partly allowed and First Appeal no.223 of 2003 is dismissed. Having regard to the facts and circumstances of the case, the parties to bear their own costs. A. P. Lavande, J. Ap/-