1 IN THE HIGH COURT OF BOMBAY AT GOA. FIRST APPEAL NO. 259 OF 2000 1. Special Land Acquisition Officer (South Goa ) Konkan Railway Corporation Limited, Amey Guest House, Davorlim Road, P.O.Navelim, Salcete Goa, 403 707 . 2. Chief Engineer, Konkan Railway Corporation Ltd., Rawnfond, near Margao Railway Station, Margao – Goa. ... Appellants. Versus 1. Cofre de Nossa Sra. De Mae de Deus, Majorda Church, Majorda, Salcete, Goa. Represented by its attorney Francisco Gracias Pereira. ... Respondent. Mr. E. Afonso, Advocate for the Appellants. Coram : R. M. SAVANT, J. Date : 10 th March, 2010. ORAL JUDGMENT This appeal is companion to First Appeal No. 257 of 2000 in 2 which the award of the reference court granting enhancement at the rate of Rs. 83/- per sq. meter was upheld by this Court by judgment dated 9th March, 2010.. 2. The reference court in the land acquisition case concerned in the said Appeal had relied upon the said sale deed, exhibit AW2/A dated 14.6.1984 for determining the market value of the land as the reference court had reached a conclusion that the land covered by the said sale deed was a comparable land as the land covered by the said Land Acquisition Case. The reference court had by applying the method of 10% increase per year in the amount of Rs. 42.50 per sq. meters had arrived at the rate of Rs. 83/- per sq. meter. The land in the instant First Appeal is adjoining the land concerned in the said First Appeal. The reference court in the instant First Appeal has relied on the same sale deed at exhibit AW2/A dated 14.6.1984 and has also arrived at a figure of Rs. 83/- per sq. meter. The reference court has however granted an additional amount of Rs. 5/- per sq. meter as the land covered by the sale deed according to the reference court was a larger plot admeasuring 906 sq. meters then the plot in the instant case which is 335 sq. meters. The reference court was of the view that a smaller plot would fetch a higher price and has accordingly granted compensation to the claimant in the reference. 3. In my view, there can be hardly any difference in the plots admeasuring 906 sq. meters and plot admeasuring 335 sq. meters for distinction to be drawn as regards the market rate. The said principle would have an application wherein large tracts of land are concerned in juxtaposition to a small plot. Such is not the case in 3 the instant Appeal. The additional amount of Rs. 5/- granted over and above Rs. 83/- per sq. meter would therefore, have to be set aside. The Appeal is accordingly allowed to the aforesaid extent. The claimant would be entitled to the statutory allowances on the market rate of Rs. 83/- per sq. meter. R. M. SAVANT, J. MF/-