1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 155 OF 2002 1. Special Land Acquisition Officer(N), Irrigation Department(G.T.I.D.C.), Karaswada, Mapusa-Goa. 2. Executive Engineer, Works Division VIII, T.I.P. Complex, Near Tivim Industrial Estate, Colvale Road, Bardez-Goa. ... Appellants versus 1. Shri Shivajirao Abasaheb Rane 2. Shri Pratapsingh Abasaheb Rane, both residents of Vadaval, Latambarcem, Bicholim, Goa. ... Respondents Mr. S. R. Rivonkar, Advocate for the Appellants. Mr. P. S. Rao, Advocate for the Respondents. CORAM : S. A. BOBDE & N. A. BRITTO, JJ. DATE : 29TH APRIL, 2008. 2 ORAL JUDGMENT(PER N.A. BRITTO, J.) Heard learned Counsel on behalf of both parties. 2. This is an appeal filed against Award dated 15-3-2002 of the learned Reference Court, Panaji, by which compensation payable to the Respondents has been enhanced from Rs.7/- for bharad land and Rs.8/- for cashew land, to Rs.12/- per sq. meter. 3. Briefly stated, by virtue of Notification issued under Section 4(1) of the Land Acquisition Act, 1894 and published on Gazette dated 21-5-1992, Government acquired a large area of 42,215 sq. meters of land in Latambarcem Village for the purpose of construction of Vadaval Distributory for Tilari Irrigation Project, in Bicholim Taluka. 4. Being dissatisfied with the amount of compensation awarded, the Respondents preferred a reference and in the said reference, led evidence, to support their claim for Rs.25/- per sq. meter. 5. There is no dispute that the acquired land was situated at a distance of 1.5 kms. away from the National Highway. In support of the reference the Respondents had produced an Award in respect of an acquisition published on Gazette dated 28-5-1992 and two sale deeds dated 23-4-1990 and 26-4-1991. The 3 plots of both the said sale deeds were very close to one another and were from survey No.259 of the same Latabarcem Village, and were sold at the rate of Rs.25/- and Rs.30/- respectively. 6. The learned Reference Court found that the plots of the sale deeds were developed plots while the acquired land was undeveloped but suitable for construction of houses. The learned Reference Court also took note of the fact that the plots of the sale deeds were at a distance of about 3 kms. from the acquired land and considering the disadvantages which the acquired property had in relation to the said plots of the sale deeds and further considering the largeness of the acquired property deducted 60% from the price of the plots of the sale deed and worked out compensation payable at Rs.12/- per sq. meter. 7. The learned Reference Court observed thus: “The sale deeds dated 26-4-1991(Exh.25) and 23-4-1990(Exh.29) which are very close to one another being from the same survey no.259 of Latambarcem village, do go to show that the prices of small plots in that village in or about May 1992 were on an average about Rs.30/- per sq. meter. But it can be seen that in case of Sale Deed Exh.25 three plots were made of the property and one having access of 6 meters wide on the east was purchased by Aw4 specifically for constructing house therein. In case of the sale deed Exh.29, it can be easily understood that several plots were made by the erstwhile owners and the vendors were 4 owners of plot no.28 which they(i.e. Aw5 and his wife) sold to Ramesh Dalal and his wife. This plot has village road towards the north. Both the sale deed plots are therefore developed plots. The acquired land is cashew land not developed for constructing houses. These plots are about 3 kilometres away from the acquired land. The disadvantages of the acquired land as compared to the sale deed plots are:- Firstly that the acquired land is vast land, but sale deed plots are small plots, secondly that the acquired land has narrow width but big length whereas sale deed plots are square or quadrangular plots; thirdly that the acquired land is undeveloped agricultural land whereas sale deed plots are developed plots, and lastly the acquired land is in the interior whereas sale deed plots are closer to Dodamarg road and amenities. Aw2 has admitted that the value of sale deed lands is more since they are closer to the highway. The sale deed plots have more advantages than even the land of the Award Exh.17. Naturally therefore more deduction than that done in case of the price of the land of Award Exh. 17 will have to be made in case of price of sale deed plots. In my view therefore deduction of 60% will be appropriate in the price of Rs.30/- and this makes the price as Rs.12/- per sq. meter”. 8. Considering the evidence produced both oral and documentary in relation to the location of the acquired property, the approach adopted by the learned Reference Court in arriving at the market value of Rs.12/- per sq. meter, in our view, cannot be faulted. 5 9. We therefore find that there is no merit in this appeal and the same is hereby dismissed with costs of Rs.5000/- to be paid by the appellants to the Respondents. S. A. BOBDE, J. N. A. BRITTO, J. RD