... 1 ... IN THE HIGH COURT OF BOMBAY AT GOA. FIRST APPEAL NO.123 OF 2001 with FIRST APPEAL NO.124 OF 2001 with FIRST APPEAL NO.125 OF 2001 FIRST APPEAL NO.123 OF 2001 1. State of Goa, Through Dy. Collector (SDO), Ponda, Goa. 2. The Executive Engineer, W.D. XV (NH), P.W.D., Ponda, Goa. ... Appellants v e r s u s Vithal S. Naik, r/o Corlim, Tiswadi, Goa. ... Respondent Mr. G. Shirodkar, Government Advocate for the Appellants. Mr. J. Godinho, Advocate for the Respondent. ... 2 ... FIRST APPEAL NO.124 OF 2001 1. State of Goa, Through Dy. Collector (SDO), Ponda, Goa. 2. The Executive Engineer, W.D. XV (NH), P.W.D., Ponda, Goa. ... Appellants v e r s u s Shri Baburao Lingu Naik Deceased through his legal heirs: a) Smt. Bhanumati B. Naik, of major age, widow of deceased applicant b) Mr. Bhanudas B. Naik, major, c) Mr. Mahesh B. Naik, major, d) Mr. Chandreshwar B. Naik, major, e) Miss Manda B. Naik, major, ... 3 ... f) Miss Milan B. Naik, major, All r/o Corlim, Ilhas, Goa. ... Respondents Mr. M. Salkar, Additional Government Advocate for the Appellants. Respondents though served absent. FIRST APPEAL NO.125 OF 2001 1. State of Goa, Through Dy. Collector (SDO), Ponda, Goa. 2. The Executive Engineer, W.D. XV (NH), P.W.D., Ponda, Goa. ... Appellants v e r s u s Shri Ramesh Purshottan Naik, r/o Corlim, Ilhas, Goa. ... Respondent ... 4 ... Mr. S. Vahidulla, Government Advocate for the Appellants. Respondent though served absent. CORAM: A. P. LAVANDE, J. DATE : 12th November, 2008. ORAL JUDGMENT: Heard learned counsel for the appellants in all the appeals and Mr. Godinho on behalf of the respondent in First Appeal No.123/2001. 2. All these appeals are being disposed of by common judgment since all these appeals have been ... 5 ... filed challenging the awards passed by the Reference Court in respect of the property bearing survey no.29/3 of Corlim village. The respondents in all the above appeals are co-owners of the said property. 3. Vide Notification dated 28.01.1986 published in the Official Gazette dated 30.02.1986, the Government of Goa acquired lands belonging to different persons for public purpose. Land admeasuring 440 sq.mtrs. bearing survey no.29/3 of Corlim village belonging to the respondents was a part of the acquired land. The Land Acquisition Officer by award dated 10.03.1987 awarded compensation at the rate of Rs.15/- per sq.mtr. Being aggrieved, the respondents sought reference under Section 18 of the Land Acquisition Act ('The Act' for short) claiming compensation at the rate of Rs.100/- per sq.mtr. The Reference court granted ... 6 ... compensation at the rate of Rs.80/- per sq.mtr. alongwith other statutory benefits under the Act in Land Acquisition Case No.48/1990, 50/1990 and 138/1990 by judgment and awards dated 22.12.2000. Aggrieved, the appellants have filed the present appeals. 4. Mr. Shirodkar, Mr. Salkar and Mr. Vahidulla, learned Government Advocates appearing on behalf of the appellants have brought to my notice judgment and award passed by the Division Bench of this Court in First Appeal No.87/1996, by which this Court has upheld the compensation granted at the rate of Rs.80/- per sq.mtr. in Land Acquisition Case No.24/1990 and submitted that in view of the said judgment, the challenge to the impugned awards does not survive. ... 7 ... 5. I have perused the records and judgment in First Appeal No.87/1996. First Appeal No.87/1996 was preferred by the present appellants against judgment and award dated 05.12.1998 passed by the Reference Court in Land Acquisition Case No.24/1990 challenging the compensation granted in favour of the respondents at the rate of Rs.80/- per sq.mtr. The appeal land involved in the said appeal was bearing survey no.64 at Corlim which was acquired by the very same Notification. The Division Bench of this Court held that the respondent in the said appeal was entitled to compensation at the rate of Rs.80/- per sq.mtr. and consequently rejected the contention of the appellant that the rate awarded by the Reference Court was excessive. 6. In the present case, the Reference Court has placed reliance upon the award passed in Land ... 8 ... Acquisition Case No.24/1990 and Land Acquisition Case No.22/1990 which are at a close distance from the acquired land. The Reference Court has also held that not only the land in the present case is close to the land in Land Acquisition Case No.24/1990 but the nature of land in Land Acquisition Case No.24/1990 and in the present case is the same. This being the position, I am of the considered opinion that the concession made by the learned counsel is reasonable and fair and deserves to be accepted. Therefore, the Reference Court was justified in awarding Rs.80/- per sq.mtr. and no fault can be found with the reasoning given by Reference Court while awarding the said rate. 7. In view of the above, I find that no case has been made out by the appellants to interfere with the award passed by the Reference Court. Hence the ... 9 ... appeals are dismissed. Considering the facts and circumstances of the case, there will be no orders as to costs. A. P. LAVANDE, J. lh/.