1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 249/2004 1. Special Land Acquisition Officer (North Goa), Konkan Railway Corporation Ltd. Amey Guest House, Davorlim Road, P.O. Navelim, Salcete Goa, 403 707. 2) Chief Engineer, Konkan Railway Corporation Ltd. Rawnfond, near Margao Railway Station, Margao – Goa. ........ Appellants. Versus 1. Smt. Marelia Barreto Xavier (since expired, rep. by LRs.) 1a. Cidalia Rosa Paulina de Lourdes Almeida Bodade alias Cidalia Bodade (daughter) and her husband 1b. Navin Chandra Bodade alias Navin Bodade 1c. Jorge do Carmo Pedro Almeida alias Jorge Almeida (Son) 2. Miss Telma Barretto Xavier, (expired) 3. Mr. Alusio Barretto Xavier, (expired) 4. Miss Matildes Barretto Xavier, 5. Mrs. Maria do Caermo Barretto Xavier, (since expired, rep. by LRs.) 5a. Mr. Mario Salazar Jorge, alias Mario Jorge. 2 5b. Mr. Janio Cristovao Jorge, alias Janio Jorge, Both r/o. Angoddi Loutulim, Salcete, Goa. 6. Mr. Manuel Barretto Xavier, 7. Mr. Custodio Barretto Xavier. 8. Miss Alexandrina Barretto Xavier Aiyer, All through their attorney Manuel Barretto Xavier, r/o. H.No.66, Pajifond, Margao, Goa. ........ Respondents. Mr. E. Afonso, Advocate for the appellants. Mr. F. M. Reis, Advocate for the respondents. CORAM : S.C. DHARMADHIKARI & SANTOSH BORA, JJ. Date : 12th August, 2008. ORAL JUDGMENT : (Per DHARMADHIKARI, J.) 1. This appeal is directed against the Judgment and Award dated 13th February, 2004 of the Additional District Judge – III, South Goa, Margao in Land Acquisition Case No. 320/1995. 2. The lands under acquisition are Survey Nos. 266/17, 266/21 and 268/6 – part. The land, in all, admeasured 4767.50 sq. metres and covered 3 by the Notification dated 13.3.1991, published in the Government Gazette on 16.5.1991 under Section 4 of the Land Acquisition Act. 3. The reference under Section 18 was decided in the light of the decision of the Reference Court in Land Acquisition Case No. 314/95, which was delivered in a reference under Section 18 with regard to the lands which are adjacent to the instant survey numbers and belonging to the same family. The lands that are presently covered belonged to one branch; whereas with regard to the land of the other branch, it is covered by Land Acquisition Case No. 314/1995. In LAC 314/95, the Reference Court granted compensation at the rate of Rs.268/- per sq. metre. This instance was relied upon and is a piece of evidence as far as present reference is concerned. 4. Parties do not dispute that against the Award rendered on 31.8.01 in LAC 314/95, an appeal was carried by same appellants and this Court vide Judgment and Order dated 31.8.2004 modified the rate from Rs.268/- per sq. metre to Rs.160/- per sq. metre. The Division Bench of this Court allowed the First Appeal No. 62/02 to this extent. Since this very instance has been relied upon to award compensation at the rate of Rs.268/- per sq. metres, both sides agree before us that for the reasons recorded by the Division Bench in the above decision, the impugned Judgment in the present 4 appeal will also have to be modified and the compensation redetermined, accordingly. They do not dispute that the facts pertaining to the instance land and the land in the present appeal are identical. They do not dispute that the reference under Section 18 was disposed of pertaining to the instance land and the present reference, is also under the same group. 5. In such circumstances, for the reasons recorded by the Division Bench, even this first appeal will have to be allowed partly. It is, accordingly, allowed in part. Order of the Reference Court is modified and the market value of the acquired land is fixed at Rs.160/- per sq. meter. Needless to observe that the claimants shall be entitled to all consequential statutory benefits on the market value now determined. Registry to compute the amounts as per the modified order delivered by us and in terms of the same, a decree be drawn accordingly. The original claimants will be entitled to withdraw the sum as per appellate decree and the balance, if any, shall be permitted to be withdrawn by the appellants herein. This will be done within a period of 8 weeks from today. There shall, however, be no order as to costs. S.C. DHARMADHIKARI, J. SANTOSH BORA, J. 5 ssm.