1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 167/2003 1) State of Goa, through the Dy. Collector & S.D.O. Ponda, Goa. 2) The Executive Engineer, Works Division XVIII ®, P.W.D. Ponda, Goa. ....... Appellants. V/s Shri Gajanan Dharma Dangui r/o. Kapileshwari Queula, Ponda, Goa. ...... Respondent. Mr. A. Kakodkar, Addl. Govt. Advocate for the appellants. Mr. M. S. Joshi, Advocate for the respondent. CORAM : S.A. BOBDE, J. Date : 2nd July, 2011. ORAL JUDGMENT : This appeal by the State of Goa is preferred against the award dated 25th October, 2002, in a reference under Section 18 of the Land Acquisition Act. Land admeasuring 1100 sq. metres from survey No.100/1 of Village Queula, Ponda Taluka was acquired under the Notification dated 28.11.1991. The land is situated at the Ponda bye- 2 pass road from Farmagudi to Dhavali via Kashi Muth, in Ponda. The Land Acquisition Officer awarded a sum of Rs.15/- per sq. metre for the land. In a reference, the Court raised the amount to Rs.80/- per sq. metre. The reference Court raised the amount on the basis of three sale instances at Exhibits 14, 15 and 16. Exhibit 14 is a sale deed in respect of an adjoining land, admeasuring 640 sq. metres sold at the rate of Rs.230/- per sq. metre. Exhibit 15 is a sale deed in respect of 225 sq. metres of land, sold at the rate of Rs.400 per sq. metre. Exhibit 16 is in respect of land admeasuring 315 sq. metres, sold at the rate of Rs.528/- per sq. metre. The reference Court mainly relied on Exhibits 14 and 15. It did not rely on Exhibit 16, whereunder the land was sold at the rate of Rs.528/- per sq. metre, on the ground that the land fetched higher price because it had advantage of open space and rightly did not consider Exhibit-16 on that ground. Having regard to the rates of sale instances, the reference Court then took into account the rate of Exhibit 15 which was Rs.400/- per sq. metre. The Court, thereafter, made a deduction of 40% and brought down the rate to Rs.240/- per sq. metre, on the ground that the acquired land was an undeveloped land. The Court then made a deduction on the ground that the acquired land was a smaller plot and deducted 33 %. Thus, bringing down the 3 rate to Rs.160/- per sq. metre. The Court also observed that the acquired land was below the road level and filling the land and bringing it to the road level would also warrant further expenditure. Eventually, after deducting 50% on account of all the disadvantageous factors, the Court worked out the rate to Rs.80/- per sq. metre. 2. Equally important, the Court took into account the fact that in regard to adjacent land, which was the subject-matter of Land Acquisition Case No.92/98, the Court had awarded Rs.80/- per sq. metre in that case. Shri Kakodkar, the learned Addl. Govt. Advocate for the appellants submitted that the Court may have excluded from consideration Exhibit 16 which was in respect of a land which was adjoining open space, but there was no reason why the Court should not have relied only on Exhibit-14. While it is true that the Court has not relied only on Exhibit 14, has referred to it jointly with Exhibit 15, it cannot be said that the Court has committed an illegality in not relying on only one sale instance. Indeed, the Court is bound to take into account all comparable sale instances and the Court found that it would be proper to compare jointly with Exhibits 14 and 15. 4 3. Shri Kakodkar, the learned Addl. Govt. Advocate fairly pointed out two Judgments of this Court in First Appeal No. 164/2004, decided on 1st October, 2010 and First Appeal No. 241/2003 with First Appeal No.242/2003 decided on 15th October, 2010 in which the Court maintained the rate of Rs.80/- per sq. metre in respect of other lands, acquired under the same notification. 4. In this view of the matter, the Judgment in Appeal cannot be said to be vitiated by any illegality. The appeal is, therefore, liable to be dismissed and is, accordingly, dismissed without any order as to costs. S.A. BOBDE, J. ssm.