IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 63 OF 2006 SHRI NAMU BABANI GAUDE(EXPIRED) THROUGH L.RS., ... Appellant Versus DEPUTY COLLECTOR AND SDO AND ANR., ... Respondents Mr. A.F. Diniz, Advocate for the Appellants. Mr. S. R. Rivonkar, Government Advocate for the Respondents. Coram:- SWATANTER KUMAR, C.J. & N. A. BRITTO, J. Date:- 16th July, 2009 P.C. The Counsel appearing for the Appellant relies upon the Exhibit AW1/J an award vide which adjacent land belonging to the Appellant was acquired and he was awarded compensation of Rs. 25/- per square metre. However, after passing of the award, the Government decided not to proceed with the acquisition and the land of the Appellant at that time was not taken possession thereof. Subsequently, the present Notification under Section 4 dated 18.10.1999 was issued for acquisition of the same land belonging to the Appellant falling in the same survey number. In this case, the compensation was awarded by Collector at the rate of Rs.5/- per square metre which award was upheld by the reference court resulting in filing of the present appeal. Learned Advocate for the State submits that these facts are not disputed. The land in question belonging to the Appellant out of the same survey number was already acquired before the present land was notified. In this respect we find it is just and fair and equitable that compensation awardable to the Appellant can be assessed on the basis of award at Exhibit AW1/J, which is an admitted document and its veracity is not in question on any ground. The Appellant claim increase in compensation at the rate of 10% per annum but on recurring basis. We do not find the request to be just and fair. The end of justice will be met and the market value of the land will be on the basis of award at Exhibit AW1/J with 10% increase annually, simpliciter. The Appellant therefore would be entitled to Rs. 42.50 per square metre with statutory benefits as permissible in law. Appeal is accordingly disposed of. No orders as to costs. SWATANTER KUMAR, C.J. N. A. BRITTO, J. at*