1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.183/2000 1. State of Goa, Rep. By Dy.Collector (Dev) and Land Acquisition Officer. 2. Executive Engineer, Works Division XIII ( R ), Public Works Department, Mapusa,Bardez-Goa. ... Appellants. Versus 1. Maria Pia D'Souza, r/o.Naika Vaddo, Calangute,Bardez-Goa. (Since deceased) a. Smt.Maria Elsa De Souza, b. Ms.Olga De Souza, c. Ms.Kavita Almeida, d. Mr.Alwyn Almeida, e. Ms.Suchana De Souza, f. Ms.Priya De Souza, All residents of Naikavado, Calangute,Bardez,Goa. ... Respondents. Mr. H. R. Bharne, Advocate for the Appellants. Mr. A.D.Bhobe,Advocate for the Respondents. FIRST APPEAL NO.87/2000 Smt. Maria Analia de Abreu e Pinto (Since deceased) her her LR's by her Attorney Mr.Mario Pinto, Resident of Piedade, Divar,Ilhas Goa. 2 1- Mrs. Luiza Pinto de Santana 2- Mar.Marco Andre Pinto de Santana, 3- Mrs.Ana Pinto de Santana 4- Mr.Henrique Manuel Pinto de Santana 5- Mr.Mauricio Sebastiao Pinto de Santana 6- Mrs.Maria Ilda Costa Pinto de Santana 7- Mr.Mario Francisco Xavier Pinto de Santana 8- Mrs. Yvette Costa Pinto de Santana. All Resident of Piedade, Divar,Ilhas Goa. ... Appellant. V e r s u s 1. The Deputy Collector (Dev) & Land acquisition Officer, Panaji. 2. The Executive Engineer, Works Div.II (R&B), P.W.D. Panaji. ... Respondents. Mr.A.F.Diniz, Advocate for the Appellants. Mr.S.R.Rivankar, Advocate for the Respondents. Coram: A.H. JOSHI,J. Date :20th July, 2009. JUDGMENT Appeal No.183/2000. 1. This is an appeal by State Government, challenging the order passed in the Land Acquisition Case No.129/1992 passed by Additional District Judge, Mapusa. 3 2. The respondents who was the claimant before the District Court was awarded compensation at the rate of Rs.42/- per sq. mts., by the Land Acquisition Officer. 3. In the reference Court, the respondents claimed market rate at the rate of Rs.208/- per sq. mts., and placed reliance on sale instance dated 17.11.1984 which by which plot of land from village Candolim, which is neighbouring to the village Calangute, was sold at the rate of Rs.208/- per sq. mts. 4. The plot subject matter of acquisition is situated at Calangute. 5. Admittedly, the location at Calangute has better commercial prospects and potential than at Candolim. Though there was no developed road near by the plot of land acquired, it is not in dispute that the property had strong development and urban potential. 6. The reference court awarded enhancement by decided the market rate to be Rs.104/- per sq.mts. which is almost half of the price proved in the sale instance dated 17.11.1984, relied upon by the claimant. 7. The state/appellants has not shown as to how the sale instance is 4 not comparable just because it pertain to the property in the neighbouring village, when it is not disputed that the properties at Calangute have a better commercial worth. 8. In this back ground, the appeal No.183/2000 has no merit and is dismissed with costs. Appeal No.87/2000 9. Considering that the Appeal No.183/2000 has been dismissed, the Appeal No.87/2000 filed by land owner whose property is adjoining to the property in Appeal No.183/2000 which too was acquired through the same notification, has to succeed. 10. The appellant in Appeal No.87/2000 shall be entitled the same rate i.e. Rs.104/- per sq. mts. as market value and all other benefit such as solatium 30 % on the value of the land and 12% component, and interest on unpaid compensation as per law, and costs throughout. A.H.JOSHI,J 5 ah/-