-1- IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 150 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 Limited, Rawanfond, New Margao Railway Station, Margao-Goa. ...... Appellants V e r s u s 1. Vasanti Laxman Dessai, Pansulem, Canacona-Goa. ...... Respondent Mr. E. Afonso, Advocate for the Appellants. Mr. P. A. Kamat, Advocate for the Respondent. CORAM: A. P. LAVANDE, J. DATE : 17 th July, 2009 ORAL JUDGMENT By this appeal, the appellants take exception to Judgment and Order dated 22.07.1999, passed by Addl. District Judge, Margao, in Land Acquisition Case no. 146/1995 partly allowing the reference. 2. State of Goa issued Notification under Section 4 of the Land Acquisition Act, which was published in Official Gazette dated 27.06.1991, acquiring lands for Konkan Railway Corporation. This included lands from survey nos. 57/17 and -2- 57/18 of Nagorcem, Palolem Village. An area of 650 square metres was acquired from survey no. 57/17 and an area of 650 square metres was acquired from survey no. 57/18. In both the survey numbers, the share of the applicant is one third. The Special Land Acquisition Officer by award dated 09.12.1993, awarded Rs.9/- per square metre. 3. Being aggrieved, the respondent sought reference under Section 18 of the Act and claimed compensation at the rate of Rs.150/- per square metre. In Land Acquisition Case no. 146/95, on behalf of the respondent, his son Ajit Laxman Dessai, was examined. The appellants did not lead any evidence. The reference Court on the basis of oral and documentary evidence, awarded compensation at the rate of Rs.24/- per square metre. 4. Mr. Afonso, learned Counsel for the appellants, submitted that by the very same notification, large tracts of land were acquired and this Court has disposed of ten appeals by common Judgment and Order dated 01.04.2005, arising out of the same notification and, in respect of those lands, which were similar in nature, this Court has awarded compensation at the rate of Rs.19/- per square metre. Mr. Afonso, placing reliance upon the Judgment delivered by this Court in First Appeal no. 5/2000 and connected appeals, submitted that this Court has fixed compensation at the rate of Rs.19/- per square metre and since the land involved in the present acquisition and the lands forming subject matter of the above referred appeals, were acquired by same Notification and were similar in nature, the compensation fixed by the reference Court be reduced from Rs.24/- to Rs.19/- per -3- square metre. 5. Mr. Kamat, learned Counsel for the respondent, fairly conceded that the land involved in the present appeal and the lands which were subject matter of First Appeal No. 5/2000 and connected appeals, were similar in nature and, therefore, the Judgment in the above referred appeals would bind the respondent. 6. Perusal of the Judgment dated 01.04.2005, by which this Court disposed of ten appeals arising out of the very same Notification, discloses that upon appreciation of the evidence on record, this Court fixed the market rate at Rs.19/- per square metre. There is no dispute that the land involved in the present appeal and the lands involved in the above referred appeals were similar in nature. Therefore, for the reasons stated in the Judgment dated 01.04.2005, the market rate of the acquired land is fixed at Rs.19/- per square metre. 7. In view of the above, the appeal is partly allowed. The market rate in respect of the acquired land is fixed at Rs.19/- per square metre accordingly, the respondent is held entitled to his share of the compensation. Needless to mention that respondent is entitled to all the statutory benefits under the Act. 8. The appeal is partly allowed in the aforesaid terms with no Order as to costs. A. P. LAVANDE, J. arp/*