1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 70 OF 2003 1. Special Land Acquisition Officer (N), T.I.P. Complex, P.O. Tivim Industrial Estate, Karaswada, Mapusa, Bardez Goa. 2. Executive Engineer, Works Division VIII, G.T.I.D.C., T.I.P. Complex, P.O. Tivim Industrial Estate, Karaswada, Mapusa, Bardez Goa. ... Appellants V e r s u s 1. Shri Arjun Babaji Raut ( since deceased ) represented by Legal Representatives 1a) Smt. Subhadra Arjun Raut (wife) r/o Madhlawada, Sal, Assonora, Goa ( who is already on record as Respondent No.2 ) 1b) Shri Shambha Arjun Raut ( son), r/o Madhlawada, Sal, Assonora, Goa. 1c) Smt. Sujata Shambha Raut ( Daughter-in-law), r/o Madhlawada, Sal, Assonora, Goa. 2 1d) Shri Prakash Arjun Raut ( son), r/o Madhlawada, Sal, Assonora, Goa. 1e) Smt. Prashila Prakash Raut ( Daughter-in-law), r/o Madhlawada, Sal, Assonora, Goa. 1f) Shri Anant Arjun Raut ( son), r/o Madhlawada, Sal, Assonora Goa. ( Abated as per order dated 18.3.2010 of Ld. Registrar. ) 1g) Smt. Namita Namdev Shetye, ( Daughter ) r/o Vazari, Gowathanwada, Pernem Goa. 1h) Shri Namdev Ladu Shetye ( Son-in-law) r/o Vazari, Gowathanwada, Pernem Goa, ( since deceased ) by his L.R's. 1h(A) Ladu Namdev Shetye, aged about 9 years, 1h(B) Satu Namdev Shetye, aged about 10 years, Both residing at Vazari, Gaothanwada, Pernem Goa. 2. Smt. Subhadra Arjun Raut, r/o Madhlawada, Sal, Assonora Goa. ... Respondents 3 Mr. S. Vahidulla, Government Advocate for the Appellants. Mr. M. Sonak, Advocate for the Respondents. CORAM : A. S. OKA & F. M. REIS, JJ. DATED : 14TH JUNE, 2010. ORAL JUDGMENT ( Per A. S. OKA, J ) Challenge in this First Appeal is to the Judgment and Award dated 7th November, 2002 passed by the learned Additional District Judge at Mapusa, in Land Acquisition Case No. 20/94. The Respondents are the Claimants whose land bearing survey No. 130 part of Village Salem in Bicholim Taluka was notified for acquisition under Section 4 of the Land Acquisition Act, 1894 ( hereinafter referred to as the said Act ) issued on 2nd January, 1992. The area of the acquired land is 8000 square metres. By an Award under Section 11 of the said Act, market value at the rate of Rs.5/- per square metre was offered to the Respondents. The Respondents/Claimants did not accept the compensation offered under the Award dated 20th April, 1993 and applied for reference under Section 18 of the said Act. The compensation was 4 claimed at the market value of Rs.50/- per square metre. By the impugned Judgment and Award, the market value was fixed at the rate of Rs.20/- per square metre. 2. Learned Government Advocate has taken us through the notes of evidence and documents on record. His submission is that the market value fixed at the rate of Rs.20/- per square metre is on the higher side considering the evidence on record. Learned Counsel appearing for the Respondents/Claimants relied upon the Judgment and Order dated 31st March, 2008 delivered in First Appeal Nos. 13 of 2003, 14 of 2003 and 16 of 2003. He pointed out that for the adjacent land, the market value at the rate of Rs.25/- per square metre was awarded under the award impugned in the said Appeal. The award was upheld by this Court. He pointed out that by the impugned Judgment, the market value of Rs.20/- per square metre was fixed in respect of a comparable land. He also invited our attention to the evidence on record in the present case. He stated that on one side of the acquired land, the properties subject matter of the First Appeal Nos. 13 of 2003, 14 of 2003 and 16 of 2003 have been situated. He submitted that the sale instances 5 relied upon in both the cases are the same. He, therefore, submitted that no interference is called for with the impugned Judgment and Award. 3. We have given careful consideration to the submissions. The property subject matter of the acquisition in the present First Appeal is land bearing survey No.130 part situated at Village Salem in Bicholim Taluka. The date of Section 4 Notification is 2nd January, 1992. The lands which are the subject matter of the Judgment and decree dated 31st March, 2008 were notified for acquisition under three Notifications under Section 4 of the said Act, dated 7th November, 1991, 20th December, 1991 and 2nd January, 1992. In the said Appeals, this Court has confirmed the market value at the rate of Rs.25/- per square metre awarded by the reference Court. 4. In the present case, the deposition of AW1 Prakash Arjun Raut shows that the acquired land subject matter of First Appeal Nos. 13 of 2003, 14 of 2003 and 16 of 2003 is adjacent to the acquired land in the present Appeal. Perusal of the Judgment of this Court as well as impugned Judgment shows that common sale instances were relied upon in both the matters. As stated earlier, the three Notifications under 6 Section 4 issued in respect of the lands subject matter of the First Appeal Nos. 13 of 2003, 14 of 2003 and 16 of 2003 have been issued on 7th November, 1991, 20th December, 1991 and 2nd January, 1992. Therefore, in respect of adjacent land in the same village which was acquired by a notification of the same date, the market value of Rs.25/- per square metre was awarded by the Reference Court which has been confirmed by the Judgment and order dated 31st March, 2008 of this Court. In the present case, the market value fixed by the Reference Court is Rs.20/- per square metre. There is no cross objection or cross appeal preferred by the Respondents/Claimants. 5. In view of the decision of this Court dated 31st March, 2008, we find that the market value of Rs.20/- per square metre fixed by the Reference Court is just and proper and no interference is called for. 6. There is no merit in the Appeal and the same is accordingly dismissed with no order as to costs. A. S. OKA, J F. M. REIS, J. 7 at*