IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 123 OF 2005 SPECIAL LAND ACQUISITION OFFICER(N.G.) AND ANR., ... Appellants Versus PANCRACIO LUIS,SALCETE GOA. ... Respondent Shri E. Afonso, Advocate for the Appellants. Respondent present in person. Coram:- N. A. BRITTO, J. Date:- 22nd September, 2010 P.C.:- Heard Shri E. Afonso, learned Counsel on behalf of the Appellants and the Respondent in person. This appeal is filed against Judgment dated 26-2-2004 of the Reference Court. The Respondent's land was acquired by the Government vide notification published on Gazette dated 12-3-1992 for the construction of new broad gauge line of Konkan Railway. An area of 2550 sq. meters was acquired from survey No.263/1 and 2300 sq. meters were acquired from survey No.266/13. The L.A.O. awarded compensation to the Respondent at the rate of Rs.4/- per sq. meter. The Respondent sought enhancement at the rate of Rs.300/- per sq. meter. The learned Reference Court awarded to the Respondent Rs.38/- per sq. meter. The learned Reference Court held that 250 sq. meters of survey No.266/13 was a tenanted paddy field and as it was a paddy field, it could not have been converted to any other use, and, therefore the Respondent was not entitled for enhancement of compensation. The learned Reference Court has also referred to the sale deed produced by the Respondent dated 31-7-1987. This sale deed pertained to the very land of the Respondent by which an area of 1073 sq. meters was sold at the rate of Rs.25/- per sq. meters. The said sale deed was produced at Exh.19. The learned Reference Court by placing reliance on the case of Land Acquisition Officer v. L. Kamalamma(1998(2) SCC 385) and considering that the sale deed was about 5 years prior to the date of acquisition has granted 10% increase and fixed the market value of the land at Rs.38/- per sq. meter. In my view, the reasoning given by the learned Reference Court in enhancing the compensation from Rs.4/- to Rs.38/- in respect of 2300 sq. meters from survey No.266/13 cannot be faulted. As ordered by the learned Reference Court the Respondent would be entitled to all statutory benefits. On the facts of the case, therefore, I find there is no merit in this appeal, and accordingly the same is hereby dismissed. Appellants to pay costs of Rs.2,500/- to the Respondent. The amount deposited with accrued interest, if any, to be paid to the Respondent. Appeal disposed off. N. A. BRITTO, J. RD.