1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 170/2001 WITH FIRST APPEAL NO. 85/2002 FIRST APPEAL NO. 170/2001 Shri Arvind Shuka Acharya, major in age, resident of Shelim, Loliem, Canacona, Goa. … Appellant Versus 1. Special Land Acquisition Officer, South Goa, KRCL, Amey Guest House, Davorlim Road, P.O.: Navelim, Salcete, Goa 403 707. 2. The Chief Engineer, Konkan Railway Corporation Ltd., 4th Floor, Souza Towers, Church Square, Panaji, Goa 403 001. … Respondents Mr. S. Kakodkar, Advocate for the Appellant. Mr. E. Afonso, Advocate for the Respondents. 2 FIRST APPEAL NO. 85/2002 Shri Shripad P. Prabhu Desai, Ghogalwada, Loliem, Canacona, Goa. … Appellant Versus 1. Special Land Acquisition Officer, South Goa, KRCL, Amey Guest House, Davorlim Road, P.O.: Navelim, Salcete, Goa 403 707. 2. The Chief Engineer, Konkan Railway Corporation Ltd., 4th Floor, Souza Towers, Church Square, Panaji, Goa 403 001. … Respondents Mr. P. Kamat, Advocate for the Appellant. Mr. E. Afonso, Advocate for the Respondents. Coram: S.A. BOBDE, J. Date: 24 th June, 2011. ORAL JUDGMENT: Heard learned Counsel for the parties. 3 2. Both these appeals are directed against the judgment and award passed by the Additional District Judge, South Goa, in Land Acquisition Case Nos. 431/1995 and 225/1995 respectively. It is not disputed that both these cases relate to acquisition of the land under same notification dated 27-06-1991. The Reference Court has in both cases awarded a sum of `4/- per square metre. In First Appeal No. 170/2001, the Reference Court maintained the amount granted by the Land Acquisition Officer i.e. amount of compensation granted by the Land Acquisition Officer at the rate of `4/- per square metre. In First Appeal No. 85/2002, the Reference Court refused to interfere with it and maintained the amount at `4/- per square metre. 4 3. The learned Counsel appearing on behalf of the respective parties, relied on the judgment of the learned Single Judge of this Court in First Appeal No. 63/2005 and and First Appeal No. 81/2005. The learned Single Judge relied on earlier judgment in First Appeal No. 42/2005 in the case of Smt. Shrimati Vishwanath Acharya (since deceased by her legal representative) Vs. Special Land Acquisition Officer & Another, decided on 06-10-2010 in respect of same notification published in the Gazette on 27-06-1991, in respect of other survey numbers. The learned Single Judge, held on the reliance of the judgment of the Apex Court in several cases including the case of M/s. Printers House Pvt. Ltd. Vs. Mst. Saiyadan (deceased) by LR's & Others, reported in 1994 SC 1160, where the Supreme Court has held as follows:- “If 'Comparable Sales Method of Valuation of Land' is adopted for determining the market-value of an acquired plot of land, it generally 5 holds good for determination of the market-value of several acquired plots of land if the acquisition of all such plots of land is made pursuant to the same preliminary Notification.” 4. Since the survey numbers in both the appeals relate to the lands acquired under proceeding of the same preliminary notification, I see no reason to award a different rate of compensation from the rate awarded in the earlier case under the same notification. Accordingly, the compensation in both the cases is enhanced from `4/- per square metre to `21/- per square metre, but, excluding the values of trees, woods, fruits and statutory allowances. 5. With these observations, both the appeals are disposed of. No order as to costs. S. A. BOBDE, J. Ev