1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 144 OF 2004 1. The Deputy Collector & S.D.O. Ponda, Goa. 2. The Executive Engineer, Division XVIII (R), PWD, Ponda, Goa. …..... Appellants. V/s. 1. Kalidas B. Marathe, 2. Vassudev Krishna Behere, 3. Moreshwar Narayan Behere (Expired) 4. Umakant Narayan Behere, 4(a) Smt. Urmila Umkant Botto Behere, Widow, 4(b) Sanjay Umkant Behere, Son, 4(c) Kedar Umkant Behere, Son. All residents of Dhavli, Ponda, Goa. 5. Suresh Narayan Behere, 6. (Govind Narayan Behere) expired All resident of Dhavali, Ponda, Goa. …...... Respondents. Ms. Sapna Mordekar, Addl. Govt. Advocate for the appellants. Mr. N. K. Sawaikar, Advocate for respondents No. 1, 2, 4, 5 and 6 – not present. 2 CORAM :- A.P. LAVANDE, J. Date :- 16th December, 2011 ORAL JUDGMENT : By this appeal, the appellants take exception to the judgment and award dated 10th March, 2004, passed by Ist Additional District Judge, Panaji in Land Acquisition Case No.89/98, by which the reference under Section 18 of the Land Acquisition Act, 1894 (“the Act” for short) has been partly allowed. 2. Vide Notification under Section 4 of the Act, which was published in the Official Gazette dated 6th November, 1991, the Government expressed its intention to acquire lands of several persons for construction of Ponda Bye-pass road from Farmagudi to Dhavali via Kashimath Khadpaband and Kapileshwari in Ponda (Phase I). An area admeasuring 1800 sq. metres from Survey No.15/2 of village Queula and an area of 2000 sq. metres from Survey No.16 of the same village belonging to the respondents was part of the acquired land. By Award dated 13th November, 1992, the Land Acquisition Officer 3 fixed the compensation of the acquired land at Rs. 35/- per sq. metre. In respect of the wall existing in survey No. 15/2, an amount of Rs. 9,267/- was awarded and an amount of Rs.19,874/- was separately awarded for the trees, existing in the acquired land. 3. Dissatisfied with the compensation granted, the respondents sought a reference under Section 18 of the Act and claimed compensation at the rate of Rs. 400/- per sq. metre. 4. In support of their claim, the respondents herein examined Kalidas Marathe (AW.1), Suresh Behere (AW.2), and S.S. Sukhtankar (AW.3). The appellants herein examined Shri Pundalik Parkar, Assistant Engineer as DW.1. The Reference Court, upon appreciation of the evidence, fixed the market rate of the acquired land at the rate of Rs.187/- per sq. metre. The respondents relied upon sale deed dated 22.1.1991 (Exhibit 19) by which a developed plot admeasuring 225 sq. metres was sold for Rs.90,000/-. The said plot was situated at Kavlem, at a distance of about 1.5 kms. away from the acquired land. The respondents also relied upon another sale deed dated 12.4.1991 (Exhibit 20), by which a developed plot admeasuring 315 sq. metres 4 situated at Dhavali-Queula was sold for Rs.1,66,500/-. The Reference Court took average price of Rs. 464/- and, thereafter, deducted 60% for development and fixed the market rate of the acquired land at Rs.187/- per square metre. 5. The respondents had also relied upon two awards passed in Land Acquisition Case No. 87/98 and 97/98, in respect of the land acquired under the same notification, in which the Reference Court had enhanced the market rate from Rs. 15/- per sq. metre to Rs.80/- per sq. metre. These lands were paddy fields. The Reference Court did not place reliance upon the valuation report of AW.3, on the ground that no reasons were given by him for arriving at a figure of Rs.400/- per sq. metre. 6. Ms. Mordekar, learned Counsel appearing for the appellants submitted that the market rate fixed by the Reference Court is highly excessive. She further submitted that in respect of the land bearing Survey No. 84/5 of Queula village belonging to one Venkatesh Khauvate which was acquired under the same notification, this Court has reduced the market rate from Rs.144/- per sq. metre as fixed by 5 the Reference Court, to Rs. 72/- per sq. metre. Ms. Mordekar submitted that there is not even an iota of evidence to show that the plots sold by the two sale deeds are comparable to the acquired lands and that there is absolutely no evidence as to the nature of the plots which were sold by the said sale deeds. Ms. Mordekar, therefore, submitted that the respondents are at the most entitled to compensation at the rate of Rs. 72/- per sq. metre, in view of the fact that in the present case the land was acquired by the very same notification. 7. None appeared on behalf of the respondents. 8. In view of the submissions made by Ms. Mordekar, the following point arises for determination in this appeal : Whether the market rate of the acquired land fixed by the Reference Court @ Rs.187/- per sq. metre is just and fair ? If not, what was the market rate of the acquired land as on the date of Section 4 notification ? 9. Perusal of the evidence led by the respondents discloses that the respondents have relied upon two sale deeds. There is 6 absolutely no evidence on record to show as to what was the nature of the two plots sold in the sale deeds, upon which reliance has been placed. According to the respondents, plot in the sale deed Exhibit 19 was about 1.5 kms. away from the acquired land. It is well settled that when the market rate of the acquired land is fixed by this Court, another property which is acquired under the same notification, the market rate of the another property acquired by the same notification, would be the same, provided the nature of the two properties is same. Since, in First Appeal No. 145/2004, this Court has fixed the rate of the acquired land in respect of Survey No.84/5 of Village Queula, and indisputably, the land in the said case was acquired by the same notification, in the absence of any other cogent evidence in respect of the enhanced claim of compensation, I am of the considered opinion that the submission made by Ms. Mordekar that at the most the respondents are entitled to claim compensation at the rate of Rs. 72/- per sq. metre deserves to be accepted. Therefore, the market rate of the acquired land, as on the date of publication of Section 4 notification, is fixed at Rs.72/- per sq. metre. Needless to mention that the respondents are also entitled to all other statutory benefits under the Act. 7 10. Appropriate amount, in terms of the judgment and award passed today be paid to the respondents, along with accrued interest and the balance amount, along with accrued interest be paid to the appellants. Registrar (Judicial) shall calculate the amounts due, before making payment of amounts to the parties 11. The appeal stands disposed of in the aforesaid terms, with no order as to costs. A.P. LAVANDE, J. ssm.