1 IN THE HIGH COURT OF BOMBAY AT GOA First Appeal no.191 of 2003 And First Appeal no.336 of 2003 1. Shri Shivram Ganba Naik Gaonkar, s/o Ganba Naik Gaonkar, Major in age, occupation agriculture 2. Smt. Asha Kashinath Naik Gaonkar, w/o late Kashinath Naik Gaonkar, Major in age, housewife, both r/o H. No.237, Tembewada- Nagarcem, Canacona-Goa. ... Appellants v e r s u s 1. Special Land Acquisition Officer, South Goa, K.R.C.L., Amey Guest house, Davorilim Road, P.O., Navelim, Salcete-Goa. 2. The Chief Engineer, Konkan Railway Corporation Ltd., 4th floor, Souza towers, Church Square, Panaji-Goa, 403 001. ..... Respondents Shri P.A. Kamat, Advocate for the Appellants. Shri E. Afonso, Advocate for the Respondents. First Appeal no.336 of 2003 2 1. Special Land Acquisition Officer, (South Goa), Konkan Railway Corporation Limited, Amey Guest house, Davorilim Road, P.O., Navelim, Salcete-Goa. 2. The Chief Engineer, Konkan Railway Corporation Ltd., Rawnfond, near Margao Railway Station,Margao, Goa. ..... Appellants V e r s u s 1. Shivram Ganba Naik Gaobnkar 2. Asha Kashinath Naik Gaonkar, both residents of Nagorcem, Palolem-Goa. ..... Respondents Shri E Afonso, Advocate for the Appellants. Shri P.A. Kamat, Advocate for Respondents. Coram: A. P. Lavande, J. Date: 15th October, 2010. ORAL JUDGMENT: Both these appeals are being disposed of by common judgment since in both these appeals the challenge is to the judgment and award dated 6/3/2003 passed by IIIrd Additional District Judge, South Goa, 3 Margao in Land Acquisition Case No.151 of 1995. 2. Vide notification dated 11/6/1991 issued under Section 4 of the Land Acquisition Act, 1894 (“The Act” for short), which was published in the Official Gazette dated 24/7/1991, the Government of Goa acquired lands of several persons for construction of new B.G. Line of Konkan Railway. An area admeasuring 17200 sq.metres bearing survey no.189/2 situated at Nagarcem, Palolem belonging to the appellants in First Appeal no.191 of 2003 (the claimants) was part of the acquired land. The claimant claimed Rs.120/- per sq.metre. The Land Acquisition Officer made award on 9/12/1993 fixing the market rate of the acquired land at Rs.9/- per sq.metre. The claimants sought reference under Section 18 of the Act and claimed Rs.120/- per sq.metre. 3. In Land Acquisition Case No.151 of 1995, the 4 three witnesses namely, Shivram Naik Gaunkar, AW. 1(claimant), Leao Custodio D'Mello, AW.2 and Balkrishna Naik Gaonkar, AW.3. The claimant produced award in Land Acquisition Case No.153/1995 (Exhibit AW.1/C) and Award in Land Acquisition Case no.90/1993 (Exhibit AW. 1/D). The Reference Court relied upon the award (Exhibit AW.1/C) and fixed the price at Rs.42/- per sq.metre and thereafter deducted 50% for nature of the land and Rs.1/- for filling up of land and Rs.5/- per sq.metre for conversion of land and fixed the market rate of the acquired land at Rs.15/- per sq.meter. 4. The claimants have filed First Appeal no.191 of 2003 claiming compensation at the rate of Rs.120/- per sq.meter, whereas First Appeal No.36 of 2003 has been filed by the Special Land Acquisition Officer challenging enhancement of compensation in favour of the claimants. 5 5. Mr. Kamat learned counsel for the appellants has relied upon judgment of this Court dated 1/4/2005 in First Appeal No.5 of 2000 (Special Land Acquisition Officer (South Goa) and anr. Vs. Mangala G. Naik and ors. and other connected appeals, in which the compensation in respect of lands acquired by the same notification and belonging to other claimants has been fixed at Rs.19/- per sq.metre. Mr. Kamat submitted that the lands in the present case are similar to the lands involved in First Appeal no.5 of 2000 and other connected appeals and other connected appeals and therefore the claimants are also entitled to the same compensation. 6. Mr. Afonso, learned counsel appearing for the respondents in First Appeal No.191 of 2003 fairly conceded that the land of the claimants and the lands involved in First Appeal No.5 of 2000 and other connected appeals were of similar nature and were acquired by the 6 same notification. 7. In view of the above, market rate of the acquired land is fixed at Rs.19/- per sq.metre. Needless to mentioned that the claimants are also entitled to all the statutory benefits under the Act. 8. In the result, therefore, First Appeal No.191 of 2003 is partly allowed and First Appeal no.336 of 2003 is dismissed. Having regard to the circumstances of the case, parties are directed to bear their own costs. A. P. Lavande, J. Ap/-