1 IN THE HIGH COURT OF BOMBAY AT GOA First Appeal No. 246/2000 Goa Industrial Development Corporation, constituted under the provisions of the Goa Industrial Development Corporation Act, having office at Panaji-Goa. ... APPELLANT V e r s u s 1. Smt. Hirabai Sripad Naik r/o Bhiturli Peth, Bicholim-Goa 2. Shri Vaikunth Shripad Naik, r/o Bhiturli Peth, Bicholim-Goa 3. Smt. Anuradha Vaikunth Naik 4. Shri Subray Sripad Naik 5. Smt. Indira Subray Naik 6. Shri Datta Sripad Naik, All r/o Gonsalves House, Kerant, Caranzalem-Goa. 7. Smt. Pratibha Datta Naik, r/o Gonsalves House, Kerant, Caranzalem-Goa. 8. Shri Keshav Sripad Naik, 9. Smt. Geeta Keshav Naik, 10. Shri Prakash Sripad Naik, 11. Smt. Sandhya Prakash Naik, 2 12. Shri Gopal Sripad Naik, 13. Shrimati Roshan Gopal Naik, All r/o Bhiturli Peth, Bicholim-Goa 14. Smt. Usha Damodar Naik, 15. Shri Damodar Hiru Naik Both r/o 5-Rukmini, Dadar, Mumbai-14. 16. Smt. Kala Govind Joshi, 17. Shri Govind Ramkrushna Joshi (Expired) through legal heirs (a) Shri Ramesh Govind Joshi (b) Smt. Reshma Ramesh Joshi (c) Shri Jeewan Govind Joshi (d) Smt. Vandana Jeewan Joshi (e) Shri Mohan Govind Joshi (f) Smt. Medha Mohan Joshi (g) Smt. Anjali Pradeep Bhobe (h) Shri Pradeep Janardhan Bhobe All r/o Krishna Kunj, Tilakwadi, Kanapur Road, Belgaon. 18. Smt. Anusaya Datta Naik Panvelkar, Dongau-Goa 19a) Smt. Sunil Ramchandra Keny 3 19b) Shri Ramchandra Keny, Both r/o Kundaikar Nagar, Panaji Goa. 19c) Smt. Anila Srivallabh Pai Fondekar, 19d) Shri Srivallabh Pai Fondekar Both r/o Margao, Goa. 19e) Smr. Nanda Pramod Kamat 19f) Shri Pramod Kamat, Both r/o Neura Goa 19g) Shri Jyoti Datta Panvelkar 19h) Smt. Rekha Jyothi Panvelkar, Both r/o Dongrim, Goa. 19i) Miss Mala Datta Panvelkar, r/o Dongrim, Goa. 20. Smt. Nila Moreshwar Desai 21. Shri Moreshwar Vaman Desai Both r/o G-3, Golden Summit Apartments, Opp. Regina Mundi High School, Chicalim-Goa 22. Smt. Shailaja Radhakrishna Sakhalkar 23. Shri Radhikrishna Shivaji Sakhalkar Both r/o c/o Chemicals & Fibre India Ltd. (CEL), Post Box No. 87, Cafi Housing Colony, Belapur Road, Thane District, Maharashtra. 4 (24) Smt. Sunita Shrikrishna Sakhardande (25) Shri Shrikrishna Vaman Sakhardande Both r/o Gayaneshwari Building, Block No. 57, First Floor, Opposite Aarey Road, Goregaon (East), Mumbai-63. (26) Dy. Collector (LA & Land Acquisition Officer) Panaji Goa …RESPONDENTS --------------------------------------------------------------------------------- Mr. M. S. Sonak, Advocate for petitioners Mr. R. G. Ramani, Advocate for respondent nos. --------------------------------------------------------------------------------- CORAM: S. A. BOBDE, J DATE: 9 th June, 2011. ORAL JUDGMENT 1. This appeal is preferred against judgment of the reference Court in respect of acquisition of land in Bicholim Taluka. The area of the acquired land is 11075 Sq. Mtrs. The Land Acquisition Officer awarded compensation of Rs. 8/- per Sq. Mtr. The reference Court enhanced the compensation to Rs. 23/- per Sq. Mtr. 2. It is clear from the judgment of the reference Court vide para (9) that the amount of the compensation was enhanced on the basis of sale instance brought on record as Sale Deed at Exh. Aw.1/C for Rs. 28/- per Sq. Mtr. This amount was reduced by 20% 5 on the ground that the sale instance was in respect of the land abutting the main road whereas the acquired land did not abut the main road. The reference Court, thus, awarded compensation at the rate of Rs. 23/- per sq. Mtr. Mr. Sonak, the learned counsel for the appellant, submitted that the sale instance relied upon by the reference Court cannot be considered a comparable instance at all. The land sold under the sale deed at Exh. Aw.1/C was only 300 Sq. Mtrs. It was a fully residential plot with a constructed house on it along with all the facilities and abutting the main road. On the other hand, the acquired land is a large plot of 11000 Sq. Mtr. without any construction thereon and not abutting the main road. I find merit in the contention of Mr. Sonak, the learned counsel for the appellant. 3. Mr. Ramani, the learned counsel for the respondents, however, submitted that the respondents had brought on record other sale instance and comparable award, which would justify the conclusion of the reference Court. However, it appears from the judgment of the reference Court that this sale instance and award along with relevant evidence have not been considered by the reference Court at all. 6 4. In these circumstances, it would not be appropriate for this Court to reassess the entire evidence and arrive at a figure of compensation. In the circumstances, I consider it appropriate to set aside the judgment in appeal and remand the matter back to the reference Court for fresh adjudication, in accordance with law, after taking into account all such evidence as is relevant. The reference Court shall decide the matter entirely afresh on its own merit. The reference Court is further directed to decide the matter within a period of six months from the date the parties appear before it. The parties are directed to appear before the reference Court on 20.06.2011. The amount deposited in this Court shall be transmitted to the reference Court. The reference Court shall reinvest or continue with the investment made by this Court in the FDR. Rule made absolute in the above terms. No order as to costs. S. A. BOBDE, J. kahale