... 1 ... IN THE HIGH COURT OF BOMBAY AT GOA. FIRST APPEAL NO.119 OF 2000 With FIRST APPEAL NO.120 OF 2000 With FIRST APPEAL NO.121 OF 2000 With FIRST APPEAL NO.133 OF 2000 With FIRST APPEAL NO.135 OF 2000 With FIRST APPEAL NO.136 OF 2000 FIRST APPEAL NO.119 OF 2000 1. State of Goa, Represented by Special Land Acquisition Officer, (SIP) I.D.Complex, Gogol,Margao. 2. The Executive Engineer, Works Division XXIV, Public Works Department, Borda, Margao, Goa. ... Appellants ... 2 ... v e r s u s 1. Mrs. Edviges Amelia Olga Calado, Mugrupoe, Verna, Salcete, Goa. 1.(a)Jose Oscar Agnelo Lume de Souza Calado, son of the deceased, r/o Mugrupoe, Verna, Salcete, Goa. ... Respondent ********** FIRST APPEAL NO.120 OF 2000 1. State of Goa, Represented by Special Land Acquisition Officer, (SIP) I.D.Complex, Gogol,Margao. 2. The Executive Engineer, Works Division XXIV, Public Works Department, Borda, Margao, Goa. ... Appellants v e r s u s Cofre de Nossa Senhora da Capela de Lume, Mugrupoe, Verna, Salcete, Goa. ... Respondent ... 3 ... FIRST APPEAL NO.121 OF 2000 1. State of Goa, Represented by Special Land Acquisition Officer, (SIP) I.D.Complex, Gogol,Margao. 2. The Executive Engineer, Works Division XXIV, Public Works Department, Borda, Margao, Goa. ... Appellants v e r s u s Rosa Fernandes, r/o Mugrupoe, Verna, Salcete, Goa. ... Respondent ********* FIRST APPEAL NO.133 OF 2000 1. State of Goa, Represented by Special Land Acquisition Officer, (SIP) I.D.Complex, Gogol,Margao. ... 4 ... 2. The Executive Engineer, Works Division XXIV, Public Works Department, Borda, Margao, Goa. ... Appellants v e r s u s Florinda Rodrigues, r/o 795, Mugrupoe, Verna, Salcete, Goa. ... Respondent ********* FIRST APPEAL NO.135 OF 2000 1. State of Goa, Represented by Special Land Acquisition Officer, (SIP) I.D.Complex, Gogol,Margao. 2. The Executive Engineer, Works Division XXIV, Public Works Department, Borda, Margao, Goa. ... Appellants v e r s u s 1. Hilary Milton Rato, Bodorim, Verna, Salcete, Goa, (since deceased represented by legal heirs:) ... 5 ... 1.(a) Leo Xavier Rato, r/o House No.86/A, Sodiem, Verna, Salcete, Goa. 1.(b) Lufton Fernandes Rato, major in age, (son), r/o House No.86/A, Sodiem, Verna, Salcete, Goa. ... Respondents ********* FIRST APPEAL NO.136 OF 2000 1. State of Goa, Represented by Special Land Acquisition Officer, (SIP) I.D.Complex, Gogol,Margao. 2. The Executive Engineer, Works Division XXIV, Public Works Department, Borda, Margao, Goa. ... Appellants v e r s u s Sebastiana Braganza, Mugrupoe, Verna, Salcete, Goa. ... Respondent ********* ... 6 ... Ms. Susan Linhares, Additional Government Advocate, for the appellants in all the appeals. Mr. M.B. D'costa, Senior Advocate with Mr. J. A. Lobo, Advocate for the respondents in all the appeals. CORAM: A. P. LAVANDE, J. DATE : 16th OCTOBER, 2008. JUDGMENT: All these appeals are being disposed of by common judgment since they are in respect of the lands acquired by the same Notification issued under section 4 of the Land Acquisition Act (Act for short) and the issues involved in all the appeals are identical. 2. Vide Notification dated 21.09.1989 issued under section 4 of the Act by the Government of Goa, ... 7 ... the lands of several persons including the respondents in the above appeals were acquired for public purpose. The details of the areas acquired, the survey number, the rate awarded bv the Reference Court and the corresponding Land Acquisition Case numbers and the appeal numbers are as under: First Appeal No. Survey no. Area acquired Land Acquisition Case No. Rate awarded by the District Court 119/2000 178/4 187/5 187/8 320 160 410 226/1992 Rs.36/- 120/2000 177/1 2600 231/1992 Rs.35/- 121/2000 178/9 205 228/1992 Rs.35/- 133/2000 187/7 950 198/1992 Rs.35/- 135/2000 188/1 155 233/1992 Rs.36/- 136/2000 187/1 175 232/1992 Rs.36/- ... 8 ... 3. The Land Acquisition Officer passed award dated 18.01.1990 awarding compensation at the rate of Rs.22/- per sq.mtr. in respect of the lands acquired by the said Notification. Some persons whose lands were acquired interested including the respondents herein sought references under section 18 of the Act claiming higher compensation. In all the land acquisition cases, the respondents herein relied upon two sale deeds namely, sale deed dated 12.12.1988 and sale deed dated 21.5.1987. By the first sale deed an area of 780 sq.mtrs. was sold at the rate of Rs.51.28 per sq.mtr. and by the second sale deed an area of 528 sq.mtrs. was sold at the rate of Rs.94/-. Placing reliance upon the said sale deeds and after considering the appropriate deductions, the Reference Court awarded compensation at the rate of Rs.36/- per sq.mtr. and Rs.35/- per sq.mtr. in different cases. Aggrieved by the awards passed by the Reference ... 9 ... Court, the appellants preferred the above appeals. 4. At the outset, Mr. D'costa, learned Senior Counsel appearing for the respondents invited my attention to the orders passed by the Lok Adalat on 02.02.2008 in First Appeal Nos.114/2000, 115/2000 and 122/2000 by which the matters were settled by awarding compensation at the rate of Rs.35/- per sq.mtr. Mr. D'costa submitted that the lands forming the subject matter of the present appeals were also acquired by the very same Notification dated 21.09.1989 and the nature of the lands involved in the prsent appeals is the same as is evident from the fact that the Land Acquisition Officer had awarded the compensation at the rate of Rs.22/- per sq.mtr. in respect of all these lands. He further submitted that even the Reference Court in the above appeals has granted compensation at the rate of ... 10 ... Rs.35/- and Rs.36/- per sq.mtr. In view of this factual position, Mr. D'costa submitted that there was absolutely no reason for not awarding different compensation to the respondents herein, than awarded to the respondents in First Appeals No.114/2000, 115/2000 and 122/2000. 5. Ms. Susan Linhares, learned Additional Government Advocate, appearing on behalf of the appellants submitted that merely because the appellants have settled the matter in First Appeal Nos.114/2000, 115/2000 and 122/2000 before the Lok Adalat for Rs.35/- per sq.mtr. by itself is not sufficient to award the same compensation to the respondents herein. According to Ms. Linhares, the appellants are not entitled to the compensation at the rate of Rs.35/- per sq.mtr. solely on the ground that the appellants have agreed to pay compensation ... 11 ... at the rate of Rs.35/- per sq.mtr. to the respondents in First Appeals No.114/2000, 115/2000 and 122/2000 whose lands were acquired by the same Notification. 6. Having considered the submissions made by the learned Additional Government Advocate appearing on behalf of the appellants and the learned Senior Counsel appearing on behalf of the respondents, I find considerable merit in the submissions of the learned Senior counsel Mr. D'costa. Undisputedly, the land of the respondents in the above appeals and the respondents in First Appeal Nos.114/2000, 115/2000 and 122/2000 were acquired by the same Notification dated 21.09.1989 issued under section 4 of the Act. It is also not in dispute that the Land Acquisition Officer himself awarded the same compensation in respect all the lands acquired by the said Notification. It is also a matter of record ... 12 ... that the Reference Court in references sought by the respondents in First Appeal Nos.114/2000, 115/2000 and 122/2000 and the present respondents after placing reliance upon the sale deeds dated 12.02.1985 and 21.05.1987 awarded compensation ranging from Rs.35/- to Rs.36/- per sq.mtr. It also a matter of record that the appellants herein have settled First Appeal Nos.114/2000, 115/2000 and 122/2000 before the Lok Adalat and have agreed to pay compensation at the rate of Rs.35/- per sq.mtr. I therefore, see no reason not to accept the submission made by Mr. D'costa, the learned counsel for the respondents that on the ground of equality, the respondents herein are also entitled to the same compensation as has been agreed in First Appeal Nos.114/2000, 115/2000 and 122/2000. Moreover, the Land Acquisition Officer himself having held that in respect of all the land acquired by the Notification dated 21.09.1989, the ... 13 ... compensation payable was Rs.22/- per sq.mtr. What emerges therefrom, is that the appellants themselves treated all the lands acquired as similar lands in respect of which, same compensation was payable. Therefore, I do not find merit in the submission of Ms. Linhares, that the respondents are not entitled to the same compensation as has been awarded to the respondents in First Appeal Nos.114/2000, 115/2000 and 122/2000. I do not see any valid ground to reject the claim of the respondents in the above appeals, for the claim made by them at the same rate of Rs.35/- per sq.mtr. I therefore, hold that the respondents are entitled to compensation at the rate of Rs.35/- per sq.mtr. in respect of the acquired lands. 7. For the reasons aforesaid, the respondents are held entitled to compensation at the rate of ... 14 ... Rs.35/- per sq.mtr. The respondents are also entitled to statutory benefits available under the Land Acquisition Act. All the appeals are disposed of in the aforesaid terms. Considering the facts and the circumstances of the case, there shall be no orders as to costs. A. P. LAVANDE, J. lh/.