1 IN THE HIGH COURT OF BOMBAY AT GOA] FIRST APPEAL NO. 102 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 versus Ramnath Damodar Prabhu, C/o Antonio Colaco, Tony Nagar, Sanvordem-Goa. ... Respondent Shri A. D. Bhobe, Advocate for the Appellants. Shri P. A. Kamat, Advocate for the Respondent. CORAM : N. A. BRITTO, J. DATE : 25TH NOVEMBER, 2010. ORAL JUDGMENT Heard. 2 2. This appeal is directed against Judgment/Award dated 6-5-2004. The Respondent-Applicant's land was acquired by the Government by virtue of notification issued under Section 4(1) of the Land Acquisition Act, 1884 and published on Gazette dated 27-6-1991 along with several other lands in Nagorcem-Palolem village of Canacona Taluka for the purpose of constructing new B.G. Line for Konkan Railway. 3. By award dated 9-12-1993, the Land Acquisition Officer awarded compensation for bharad and coconut land at the rate of Rs.17/- per sq. meter and for paddy fields at the rate of Rs.9/- per sq. meter. Compensation was also awarded for wood and fruit value of the trees existing in the acquired lands. By virtue of the impugned award, the learned reference Court has enhanced the compensation payable to the applicant at the rate of Rs.52/- per sq. meter in respect of survey Nos.42/9 and 24/2 by which the applicant owns 50% of the share. As stated by the learned reference Court, the applicant's lands were garden lands and they were at the distance of 1.5 kms. from the National Highway. There was a house in survey No.42/9 and both the lands were separated by a road. The enhancement has been granted by the learned 3 reference Court by placing reliance on sale deed dated 31-10-1988 by which a plot of land admeasuring 1600 sq. meters was sold at the rate of Rs.60/- per sq. meter. This land was located at a distance of about 1.5 kms. from the acquired land. The learned reference Court relying on the said sale deed, has taken 30% deduction from its price for assessing the market value of the land and considering that the said sale deed had taken place about 2½ years prior to the date of publication of notification under Section 4(1) of the Act has granted appreciation at the rate of 10%, on compounding basis, by placing reliance on V. M. Salgaonkar and Brothers v. Union of India(1995(2) SCC 302) and has assessed the compensation payable at the rate of Rs.78/- per sq. meter. However, the learned reference Court has then deducted the value of the trees paid for existing in the said land and then has arrived at the market value of Rs.52/- per sq. meter. It is this award which has been challenged in this First Appeal. 4. Shri A. D. Bhobe, learned Counsel on behalf of the appellant submits that this Court in First Appeal No.30 of 2005 by Judgment dated 8-10-2010 in the case of Special Land Acquisition Officer and another v. Ulhas Govind Bhagat and another in respect 4 of the lands in the same village covered by the same notification and upon relying on another Judgment of this Court in First Appeal No.132 of 2005 dated 4-5-2005 in the case of Special Land Acquisition Officer and another v. Premabai Vishwanath Naik Dessai had awarded compensation at the rate of Rs.19/- per sq. meter, and, therefore it is the submission of Shri A. D. Bhobe, learned Counsel that the acquired land in this case also ought to be awarded compensation at the same rate following the same principle and was followed in the said Judgment dated 8-10-2010 in the case of Special Land Acquisition Officer and another v. Ulhas Govind Bhagat and another(supra). However, learned Counsel concedes that both the Judgments dated 8-10-2010 and 4-5-2005 in the case of Special Land Acquisition Officer and another v. Premabai Vishwanath Naik Dessai(supra) dealt with lands which were paddy fields and not bharad lands as the case in hand. 5. On the other hand, Shri P. A. Kamat, learned Counsel on behalf of the Respondent has brought to my notice the case of Special Land Acquisition Officer and other v. Molu Ranganath Naik Gaunkar(2005(2) Goa L.R. 316) by which this Court had awarded compensation at the rate of Rs.30/- per sq. meter in case of bharad land 5 and that too by giving increase of 10% every year. Shri Kamat, learned Counsel is right. In para 8 of the Judgment in the said case it is stated as follows:- “In so far as bharad land bearing survey No.98/1 is concerned, in my opinion, the reference Court was absolutely justified in relying upon the earlier award dated 15-3-1989, which was an award in respect of similar land. The reference Court was also justified in granting increase of 10% every year from 30-4-1986. Accordingly, the compensation payable in respect of the bharad land, after taking 5 completed years, relying upon earlier award, comes to Rs.20/- as on 30-4-1986 and thereafter granting increase of 10% every year for five completed years, the compensation payable in respect of the bharad land on the date of publication of Section 4 Notification comes to Rs.30/-”. 6. In the Judgment dated 8-10-2010 in First Appeal No.30 of 2005 in the case of Special Land Acquisition Officer and another v. Ulhas Govind Bhagat and another(supra) reference was made to several cases including M/s. Printers House Pvt. Ltd. v. Mst. Saiyadan and others(1994 SC 1160) and Bhim Singh and others v. State of 6 Haryana and another(AIR 2003 SC 4382). In the case of M/s. Printers House Pvt. Ltd. v. Mst Saiyadan and others(supra) the Apex Court 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 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”. 7. That being the position in law, the Respondent-Applicant in this case would be entitled to receive compensation at the rate of Rs.30/- per sq. meter with all consequential statutory benefits, that being the compensation awarded by this Court for bharad lands covered by the same notification and in the same village. 8. Consequently, this appeal deserves to succeed and the impugned award of the learned reference Court is hereby modified. In that, the Respondent-Applicant would be paid compensation at the rate 7 of Rs.30/- per sq. meter with all the benefits towards his half share in survey Nos.42/9 and 24/2. No order as to costs. N. A. BRITTO, J. RD