1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.63 OF 2005 AND FIRST APPEAL NO.81 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 Shree Nirakar Devasthan, Tamnem, Loliem, Canacona – Goa. …. Respondent 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. 2. These appeals are directed against judgment of the Reference Court dated 13/05/2004 in Land Acquisition Case Nos.428/1995 and 427/1995, respectively. The first case pertains to Survey No.73/2 of Loliem village. The second case pertains to Survey 2 No.70/1 of Loliem Village. In both the cases, the Land Acquisition Officer had awarded a sum of `4/- per square metre by award dated 31/03/1994. Both the cases pertain to lands acquired by virtue of notification published on Gazette dated 27/06/1991. In both the cases the respective applicants had sought enhancement at the rate of `150/- per square metre. The learned Reference Court has awarded compensation in both the cases at the rate of `32/- per square metre, but after deducting the value of the trees reduced it to `24/- per square metre. 3. In First Appeal No.42/2005 in the case of Smt. Shrimati Vishwanath Acharya (since deceased by her legal representative) Madhav Vishwanath Acharya V/s. Special Land Acquisition Officer & Anr., by judgment dated 6/10/2010, this Court was pleased to enhance the compensation payable from `4/- per square metre to `21/- per square metre excluding the value paid for the trees. The said appeal was in connection with acquisition of Survey No.180/1 and 172/1 acquired by the same notification published on Gazette dated 27/06/1991. 4. Similar lands situated in the same village acquired under the same notification need to be given same compensation, so as to 3 avoid disparity in payment of compensation. 5. The Apex Court in several cases including the case of 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 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.” 6. In the light of that, these appeals are bound to succeed and the impugned judgments of the learned Reference Court dated 13/05/2004 are required to be modified in that the applicants will be entitled for compensation at the rate of `21/- per square metre with all consequential statutory benefits. Appeals are accordingly disposed of. N.A. BRITTO, J. NH/-