1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.173 OF 2001 1. Land Acquisition Officer, Panaji 2. Director of Agriculture, Panaji …. Appellant V/s Dr. Joao Hugo Eduardo De Sequeira @ Dr. Jack de Sequeira (since deceased) duly represented by his legal heirs, 1. Mrs. Lilia M. de Sequeira, Widow of the deceased. 2. Erasmo J. De Sequeira, son of the deceased (since deceased repr. by his legal heirs) a. Smt. Maureen P.F. de Sequeira, widow, And moiety holder of applicant no.2. b. Dr. Lilia A.A. de Sequeira, major, Spinster, resident of Panaji. c. Mr. Jack Savio A. de Sequeira bachelor, Resident of England. d. Miss Julia M.A. de Sequeira, major, Spinster, resident of U.S.A. 3. Dr. (Mrs.) Maria J. de Sequeira Gill (since dec.) represented by LR's 3(i) Col. (Rtd.) Gurdeep S. Gill Age 71 years, H.No.27, Sector 2-A, Chandigarh. 3(ii) Depinder Anjali Gill, (unmarried) Age 42 years. 3(iii) Raminder Gill Bhutani (married) Age 40 years. 3(iv) Ravish Bhutani Age 42 years, Gurgaon, Haryana. 2 3(v) Sandeep Gill (married) Age 38 years. 3(vi) Aman Garewal Gill, Both residing in UK. 4. Mrs. Maria M. de Sequeira Fernandes and Her husband Dr. Jorge R. Fernandes both majors residing at Panjim. 5. Dr. (Mrs.) Maria Lilia de Sequeira Sukhija & her husband Eng. Ajit Sukhija both major, residing at Panaji. 6. Mrs. Maria Teresa de Sequeira Menta & her husband Rear Admiral Suresh Mehta both majors, residing at Mumbai. 7. Miss Joana Maria de Sequeira, major Spinster, residing at Panaji. 8. Mr. Jose Manual de Sequeira, major, Bachelor, residing at Panaji, mentally Infirm represented by his next friend Dr.(Mrs.) Maria Julia de Sequeira Gill. 9. Miss Manuela Maria de Sequeira, major, Spinster, residing at Panaji. All residing at Campal, Panaji. …. Respondents Mrs. W. Coutinho, Government Advocate for the Appellants. Mrs. A.A. Agni, Advocate for Respondents No.2(a) to 2(d). Mr. S.D. Lotlikar, Senior Advocate with Ms. G. Xettigar, Advocate for Respondents No.3 to 9. CORAM : N.A. BRITTO, J. DATE : 29th APRIL, 2010. JUDGMENT : Heard Ms. Coutinho, the learned Government advocate on behalf of the appellants, Smt. Agni and Shri Lotlikar, the learned Counsel on behalf of the respondents, respectively. 3 2. Learned Counsel Shri Lotlikar has submitted the names of the legal representatives of the deceased respondent no.3. The cause title shall be corrected forthwith. Shri Lotlikar has assured the Court that he will file wakalatnama on behalf of the said legal representatives within a period of one week. Accepting the said statement, I proceed to dispose of the appeal on merits. 3. This appeal has been filed by the State and is directed against judgment dated 29/11/2000 of the learned Reference Court by which the compensation payable at 50 paise has been enhanced to Rs.2.00/- per square meter. There is no dispute that the Government had paid compensation at the rate of Rs.2.00/- per square meter in LAC No.4/1987. This the learned Counsel on behalf of the appellant, has fairly conceded. Based on the same, the compensation payable was enhanced from 50 paise to Rs.2.00/-. The case No. LAC/4/87 pertains to the very notification under Section 4 of the Land Acquisition Act, 1884, by which land was acquired in this case. If the Government has paid Rs.2.00/- per square meter, for the land acquired in LAC No.4/87, acquired under the same notification and for the same purpose, I do not see any reason why the Government ought not to pay the same compensation to the land involved in this case. The approach adopted by the learned reference Court cannot be faulted. 4 4. In First Appeal No.17/2001 decided on 27/04/2010, compensation was fixed at the rate of Rs.2.00/- per square meter. It appears that at one stage, the Government had offered compensation at the rate of Rs.1.25/- which was not acceptable to the respondents. This appeal is almost a decade old. The acquisition itself is almost four decades old. I find there is no merit in this appeal and consequently the same is hereby dismissed. Costs of Rs.5,000/- to be paid by the appellants to the respondents. N.A. BRITTO, J. NH/-