1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.62 OF 2005 1. Special Land Acquisition Officer, South Goa KRCL, Amey Guest House, Davorlim Road, P.O. Navelim, Salcete – Goa. 2. The Chief Engineer, Konkan Railway Corporation Ltd., Rawanfond, Margao, Goa. …. Appellants V/s 1. Harish Madhu Keni, 2. Smt. Vimlabai Madhu Keni, Both r/o House No.529, Kolsar, Poinguinim, Canacona – Goa. …. Respondents Mr. A.D. Bhobe, Advocate for the Appellants. Mr. P.A. Kamat, Advocate for the Respondents. CORAM : N.A. BRITTO, J. DATE : 14th OCTOBER, 2010 JUDGMENT : Heard learned Counsel. 2. This appeal is filed against award of the Reference Court dated 7/05/2004 by which compensation payable has been enhanced from `4/- per square metre to `35/- per square metre. The land involved is Survey No.180/5 (part of Poinguinim village 2 in Canacona Taluka) which was acquired for the construction of new B.G. Line for Konkan Railway by notification published on Gazette dated 27/06/1991. 3. First Appeal No.47/2005 (in the case of Special Land Acquisition Officer & Anr. V/s. Shri Anandrao G.S. Kenkre) dated 7/10/2010 dealt with Land Acquisition No.230/1995 wherein the land involved was of Survey No.180/4 and 157/3. The said lands were acquired by notification published on Gazette dated 21/07/1991. This Court has fixed compensation at the rate of `35/- per square metre for land covered by notification gazetted on 21/07/1991 and `38/- per square metre for land covered by notification gazetted on 21/08/1992. 4. Similar lands situated in the same village, acquired under the same notification need to be given the same compensation so as to avoid disparity in payment of compensation. The Apex Court in several cases including M/s. Printers House Pvt. Ltd. V/s. Mst. Saiyadan (deceased) by LR's & Ors. (1994 SC 1160), has held that: “If 'Comparable Sales Method of Valuation of land' is adopted for determining the market-value of an acquired plot of land, it generally holds good for 3 determination of the market-value of several acquired plots of land if the acquisition of all such plots of land is made pursuant to the same preliminary Notification.” 5. Since this Court has already fixed compensation at the rate of `35/- per square metre in respect of lands in the same village acquired by the same notification in First Appeal No.47/2005 and 323/2005 and as the learned Reference Court in this case has fixed compensation at the rate of `35/- per square metre, I find that this First Appeal needs to be dismissed maintaining the judgment of the Reference Court dated 7/05/2004, with no order as to costs. Order accordingly. N.A. BRITTO, J. NH/-