1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.208 OF 2002 AND CROSS-OBJECTION-STA NO.1862/2002 FIRST APPEAL NO.208 OF 2002 1. Deputy Collector (SDO) Collectorate, Margao, Goa 2. Executive Engineer, Works Div. IX (PHE), Fatorda, Margao .. Appellants Versus 1. Shaikh Mohidin Shaik, Dawood, r/o Chicalim of Mormugao Taluka (since deceased), represented by L.Rs. 1a. Mrs. Hazirabi Shaik Mohidin, (widow), r/o Chicalim, Goa. 1b. Shri Abdul Azim Shaikh Mohidin, (son) and his wife 1c. Mrs. Tahira Azim Shaikh, both r/o chicalim, Goa 1d. Shri Anwarali Shaik Mohidin, (son) and his wife. 1e. Mrs. Mehrunnisa Anwarali, Shaik, both r/o Dabolim, Goa 1f. Shri Shaik Iqbal Shaik Mohidin, (son) and his wife. 1g. Mrs. Shireen Iqbal Shaik, r/o near Pai Hospital, Vaddem, Goa 1h. Mrs. Zahida Shaik Hussain, 2 (daughter) and her husband. 1i. Mr. Shaikh Hussain Moosa, both r/o Destero, VascodaGama, Goa. 1j. Mrs. Ramizabi Sherif Shaik, (daughter and her husband) 1k. Mr. Shaikh Mohamed Shefif, both r/o Gafoor Manzil, Curcholim, Goa. 1l. Mrs. Khatoonbi Nazir Sayad, (daughter ) and her husband 1m. Mr. Nazir Kasim Sayad, both r/o near Pai Nursing Home, Vaddem, Goa 1n. Mrs. Shamsun Muktar Shaik, (daughter) and her husband. 1o. Mr. Muktar Shamsudin Shaik, both r/o H.No.371, Hospital, road, Kakoda, Curchorim, Goa 1p. Mrs. Hanifabi Mujib Khan, (daughter) and her husband. 1q. Mr. Mujib Hyder Khan, both r/o Hospital Road, Opp. Cental Bank, Kakoda, Curchorim, Goa. .. Respondents. AND CROSS-OBJECTION-STA NO.1862/2002 1. State of Goa, through Deputy Collector (SDO), Collectorate, Margao,Goa. 2. Executive Engineer, Works Div. IX (PHE), Fatorda, Margao .. Appellants 3 Versus 1. Shaikh Mohidin Shaik, Dawood,(since deceased), represented by L.Rs. 1a. Mrs. Hazirabi Shaik Mohidin, (widow), r/o Chicalim, Goa. 1b. Shri Abdul Azim Shaikh Mohidin, (son) and his wife 1c. Mrs. Tahira Azim Shaikh, both r/o chicalim, Goa 1d. Shri Anwarali Shaik Mohidin, (son) and his wife. 1e. Mrs. Mehrunnisa Anwarali, Shaik, both r/o Dabolim, Goa 1f. Shri Shaik Iqbal Shaik Mohidin, (son) and his wife. 1g. Mrs. Shireen Iqbal Shaik, both r/o near Pai Hospital, Vaddem, Goa 1h. Mrs. Zahida Shaik Hussain, (daughter) and her husband. 1i. Mr. Shaikh Hussain Moosa, both r/o Destero, Vasco-da-Gama, Goa. 1j. Mrs. Ramizabi Sherif Shaik, (daughter) and her husband 1k. Mr. Shaikh Mohamed Sheriff, both r/o Gafoor Manzil, Curchorem, Goa. 1l. Mrs. Khatoonbi Nazir Sayad, (daughter ) and her husband 4 1m. Mr. Nazir Kasim Sayad, both r/o near Pai Nursing Home, Vaddem, Goa 1n. Mrs. Shamsun Muktar Shaik, (daughter) and her husband. 1o. Mr. Muktar Shamsudin Shaik, both r/o H.No.371, Hospital, road, Kakora, Curchorem, Goa 1p. Mrs. Hanifabi Mujib Khan, (daughter) and her husband. 1q. Mr. Mujib Hyder Khan, both r/o Hospital Road, Opp. Cental Bank, Kakoda, Curchorem, Goa. 1a, 1c to 1q are represented by their constituted attorney Mr. Abdul Azim Shaik Mohidin (Resp. No.1b). .. Respondents. Mr. S. Bandodkar, Additional Government Advocate for the appellants. Ms. Nilima Kankonkar, Advocate for the respondents. CORAM :- A. P. LAVANDE, J. DATE : 30 th September, 2011. ORAL JUDGMENT : Heard Mr. Bandodkar, learned Additional Government Advocate for the appellants and Ms. Kankonkar, learned Counsel for the respondents. 5 2. By this appeal, the appellants take exception to the judgment and award dated 19th November, 2001 passed by IInd Additional District Judge, South Goa, Margao in Land Acquisition Case No.324/1994 by which the reference sought by the respondents under Section 18 of the Land Acquisition Act, 1894 ('The Act' for short) has been partly allowed. 3. By Notification dated 29th April, 1987 published in the official gazette dated 25th August, 1987, the Government of Goa acquired the portion of land admeasuring 425 square metres from Survey No.185 (part) of Village Sancoale belonging to the respondents for public purpose i.e. for providing water supply to Industrial Estate. The respondents claimed compensation at Rs.140/- per square metre. The Land Acquisition Officer made award on 22nd January, 1990 and awarded compensation at the rate of Rs.7/- per square metre. 4. Aggrieved by the inadequacy of the compensation granted, the respondents sought reference. In Land Acquisition Case No.324/1991, the respondents examined four witnesses and relied upon 9 sale deeds. The appellants 6 did not lead any evidence. The Reference Court, upon appreciation of the evidence led by the parties, fixed the market rate of the acquired land as on the date of publication of Section 4 Notification at the rate of Rs.35/- per square metre. The Reference Court relied upon the award passed by the Reference Court in Land Acquisition Case No.177/1991 in which the respondents were awarded compensation at the rate of Rs.35/- per square metre in respect of the portion of their land bearing Survey No.185 acquired by the Government for the public purpose. Placing reliance upon the said award, the Reference Court fixed the market rate of the acquired land at the rate of Rs.35/- per square metre. 5. The appellants have challenged the award by filing the present appeal. The respondents have filed cross- objection claiming compensation at the rate of Rs.140/- per square metre. 6. Mr. Bandodkar, learned Additional Government Advocate appearing for the appellants invited my attention to the fact that the award passed in Land Acquisition Case No.177/1991 in respect of the portion of the land belonging to the respondents, has been maintained by this Court vide 7 judgment and order dated 24th October, 2005 passed in First Appeal No.78/2002 though for different reasons. According to Mr. Bandodkar, the lands involved in the present case and in Land Acquisition Case No.177/1991 are identical and, therefore, the appellants have no objection if the market rate of the acquired land is fixed at the rate of Rs.35/- per square metre. 7. Ms. Kankonkar, learned Counsel for the respondents submits that the respondents have no objection in the event the market rate of the acquired land is fixed at the rate of Rs.35/- per square metre. 8. Since the market rate of the acquired land belonging to the respondents in Land Acquisition Case No.177/1991 has been fixed by this Court at the rate of Rs.35/- per square metre in First Appeal No.78/2002 though for different reasons and admittedly, the acquired land is similar to the acquired land in Land Acquisition Case No.177/1991, I am of the considered opinion that the concession made by Mr. Bandodkar deserves to be accepted. Accordingly, the market rate of the acquired land is fixed at the rate of Rs.35/- per square metre. Needless to mention 8 that the respondents are entitled to all the statutory benefits under The Act. 9. In view of the above, First Appeal No.208/2002 and Cross-objection are dismissed. No order as to costs. A. P. LAVANDE, J. SMA