1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 126 OF 2004 WITH CROSS OBJECTION 1. Special Land Acquisition Officer(N), T.I.P. Complex, P.O. Tivim Industrial Estate, Karaswada, Bardez-Goa. 2. The Government of Goa, through its Secretary, Irrigation Department, Now Water Resources Department and presently comes under G.T.I.D.C., Panaji, Goa. ... Appellants versus Smt. Krishnabai Abasaheb Rane, residing at Vadaval, LatAmbarcem, Bicholim Taluka(since deceased) through her L.Rs. a) Shri Shivajirao Abasaheb Rane, major, s/o deceased b) Shri Jaisingrao Abasaheb Rane, major, son c) Shri Mansing Rane, major, grandson d) Shri Dhansing Rane, major, grandson e) Shri Sambajirao Abasaheb Rane, major, agriculturist f) Shri Pratapsingh Abasaheb Rane, major, agriculturist All r/o Vadaval-Latambarcem, Bicholim Taluka, Goa. ... Respondents 2 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. ORAL JUDGMENT(Per N. A. Britto, J.) Heard learned Counsel on behalf of both parties. 2. This appeal with Cross Objections is directed against the Award dated 21-4-2004 of the learned Reference Court, Mapusa by which compensation payable, on account of acquisition of land, has been enhanced to Rs.17.55 per sq. meter. The appellants herein have sought enhancement of the said compensation to as originally claimed by them at Rs.25/- while the Respondents contend that the amount fixed by the L.A.O. At Rs.9/- per sq. meter ought to have been maintained. 3. Briefly stated, by virtue of Notification issued under Section 4 of the Land Acquisition Act, 1894 published on Gazette dated 23-6-1994 the 3 Government acquired 10,265 sq. meters of land belonging to the Respondents forming part of survey No.114(Part) in Village Latabarcem in Bicholim Taluka. The L.A.O. was pleased to award to the Respondents compensation at the rate of Rs.9/- per sq. meter. 4. Dissatisfied with the offer of the L.A.O, the Respondents had approached the Reference Court with a claim for enhancement at the rate of Rs.25/- per sq. meter. 5. In support of their claim for enhancement, the appellants had produced two sale deeds namely sale deed dated 23-4-1990 and 26-4-1991 and in support of the same had examined AW3 Gawas and AW2 Gadi, respectively. 6. The learned Reference Court used the sale deed dated 26-4-1991 as a guide and after taking a deduction of 40% for development, 15% for the acquired land being away from the National Highway, etc. enhanced the compensation at Rs.17.55 per sq. meter. 7. At the time of hearing of this appeal/cross objections, our attention has been drawn by the learned Counsel to the Division Bench Judgment of this Court dated 31-3-2008 by which the learned Division Bench relying on the very sale deeds dated 23-4-1990 and 26-4-1991 pertaining to Kharpal Village had fixed 4 compensation at Rs.25/- per sq. meter, in Sal Village. 8. Learned Counsel on behalf of the Respondents submits that the Respondents are prepared to accept compensation at the rate of Rs.25/- per sq. meter as fixed by this Court by Judgment dated 31-3-2008 in First Appeal No.13/2003, 14/2003 and 16/2003. Learned Counsel further submits that considering that the Notification in the instant case was published two years later they would be entitled to an increase of at least 10% and thus a sum of Rs.32.5 per sq. meter by way of compensation. Learned Counsel further points out that the acquired land was abutting the road which connected the highway while there was no road touching the acquired property in First Appeal No.13/03 etc. 9. Learned Counsel on behalf of the appellants submits that the price fixed by Judgment dated 31-3-2008 cannot be given to the acquired land as the acquired land was 1.5 kilometer away from the highway, while the land in First Appeal No.13/2003 was situated at a distance of 150 meters away from the said highway. Learned Counsel on behalf of the appellants further submits that 10% increase per year was already granted before arriving at the market value of Rs.25/- per sq. meter and therefore the Respondents would not be entitled to have the market value of Rs.25/- further enhanced. 10. We are not inclined to accept the submission of the learned Counsel on behalf of the Appellants. The award of the learned Reference Court, as 5 reproduced in our Judgment dated 31-3-2008, shows that the acquired land in that case was abutting the village road and was near to the National Highway as compared to the land of the sale deed. In this case also, it is undisputed that a village road passes through the acquired property and all other facilities were available at close distances. For example electricity was available at a distance of ½ km, primary school and health centre at a distance of 1.75 km, market at a distance of 1.5 km and Dodamarg junction was at a distance of about 2 kms from the acquired property. The market value of Rs.25/- per sq. meter fixed by our Judgment dated 31-3-2008 was with reference to Notifications dated 7-11-1991, 20-12-1991 and 2-1-1992. The Notification in the present case is at least two years later in point of time as compared to the last Notification in First Appeal No.13/2003, and, if the price was fixed at Rs. 25/- per sq. meter, it was fixed with reference to the date of the Notification, in those cases and considering that there has been a gap of two years from the last Notification in that case and the Notification in this case we do not see any reason as to why the Respondents would not be entitled to have the benefit of a notional increase in prices at least by 10% per year. That works out to 32.5. We thus fix the compensation payable to the Respondents at Rs.32.5 with all statutory benefits. 11. Consequently, we dismiss the appeal and allow the Cross Objections and fix the market value of the acquired land at Rs.32.5 per sq. meter with all 6 consequential statutory benefits. Considering the facts there will be no order as to costs. S. A. BOBDE, J. N. A. BRITTO, J. RD