IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 73 OF 2001 STATE OF GOA THR. DY.COLLECTOR PANAJI ... Appellant Versus SMT.MARIA BLANDINA COELHO VELHO(DEC) REP.BY LRS. ... Respondent Mrs.Winnie Coutinho, Government Advocate for the Appellant. Shri A. D. Bhobe, Advocate for Respondent Nos.1 and 2. Shri R. G. Ramani, Advocate for Respondent Nos.5, 6, 7 and 8. Respondent No.4 present in person. Coram:- N. A. BRITTO, J. Date:- 29th April, 2010 P.C.:- Heard Ms. Winnie Coutinho, learned Government Advocate on behalf of the Appellant, Shri A. D. Bhobe, learned Counsel on behalf of Respondent Nos.1 and 2 and Shri R. G. Ramani, learned Counsel on behalf of Respondent Nos.5, 6, 7 and 8. This is a State's appeal and is directed against Judgment dated 29-4-2000 of the learned Reference Court enhancing the compensation payable from Rs.0.5 as awarded by the L.A.O. to Rs.5/- per sq. meter. Shri A. D. Bhobe, learned Counsel on behalf of the said Respondents has placed on record a compromise arrived at between the parties in First Appeal No.72 of 2001 by which the Government agreed to pay compensation at the rate of Rs.4/- per sq.meter for the adjoining land of the Respondents. It is the submission of learned Counsel that considering the said award compensation payable should be Rs.4/- per sq. meter. Shri R. G. Ramani, learned Counsel on behalf of Respondent Nos.5, 6, 7 and 8 submits that since the Government had paid Rs.4/- per sq. meter by virtue of the said compromise in the said appeal, Government ought to pay now at least Rs.5/- per sq. meter. However, Shri Ramani, learned Counsel fairly concedes that there is no appeal or cross-objection filed by the Respondents against the award of the learned Reference Court dated 29-4-2000. It appears that at one stage the Government had offered to the Respondents compensation at the rate of Rs.2.75 per sq. meter which was not accepted by the Respondents. The learned Reference Court in this case fixed compensation payable at the rate of Rs.5/- per sq. meter but in two other cases which are subject matter of First Appeal Nos.173 of 2001 and 70 of 2001 fixed compensation payable at the rate of Rs.2/- per sq. jmeter relying on an award in L.A.C. No.4 of 1987. It is undisputed that the present Respondents were paid Rs.4/- per sq. meter by the Government in respect of adjoining land which was also the subject matter of the said notification dated 26-4-1979 under Section 4 of the Land Acquisition Act, 1894. It is rather unfortunate that the different persons whose lands have been acquired are paid different amount of compensation but the fault squarely lies on the Government in not bringing to the notice of the Court all such cases. Considering that the Respondents were paid Rs.4/- per sq. meter by the Government in First Appeal No.72 of 2001, I do not see any reason why they should not be paid the same compensation in this case as well. Consequently, the First Appeal would stand partly allowed and the impugned award modified in that the Respondents shall now be paid at the rate of Rs.4/- per sq. meter will all statutory benefits. Copy of the award be placed on record. The appeal is disposed off accordingly. N. A. BRITTO, J. RD.