1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 203 OF 2003 AND FIRST APPEAL NO. 337 OF 2003 FIRST APPEAL NO. 203 OF 2003 1. The Executive Engineer, Works Division, XIV, P.W.D., Fatorda, Margao, Goa. 2. Deputy Collector (SDO), Sub-Division, Margao, Goa. .... Appellants V/s Shri Francisco Xavier Noronha de Gama, Son of late Santana Noronha de Gama, R/o. Verna, Salcete, Goa. .... Respondent Mr. S.R. Rivonkar, Govt. Advocate for the Appellants. Mr. N. Sardessai, Advocate for the Respondent. AND FIRST APPEAL NO. 337 OF 2003 Shri Francisco Xavier Noronha de Gama, Son of late Santana Noronha de Gama, R/o. Verna, Salcete, Goa. .... Appellant V/s 1. Deputy Collector (SDO), Sub-Division, Margao, Goa. 2. The Executive Engineer, Works Division, XIV, P.W.D., Fatorda, Margao, Goa. .... Respondents Mr. N. Sardessai, Advocate for the Appellant. Mr. S.R. Rivonkar, Govt. Advocate for the Respondents. CORAM : A.P. DESHPANDE & N.A. BRITTO, JJ. 2 Date of Reservation of Judgment : 11th DECEMBER, 2008 Date of Pronouncement of Judgment : 16 th DECEMBER, 2008 JUDGMENT: (Per N.A. BRITTO, J.) Dissatisfied with the award dated 8/01/2003 of the learned reference Court in LAC No. 12/1995, both the parties have filed the present appeals. 2. The parties therefore shall be referred to in the names as they appear in the cause title of the said reference case. 3. By notification issued under Section 4(1) of the Land Acquisition Act, 1894 published on Gazette dated 2/11/1989, Government acquired 6,000 sq. mts. of the applicant's land of Survey No. 21/6 of Nagoa village and by award dated 15/01/1993 offered to the applicant compensation at the rate of Rs. 4/- per sq. mt. against the claim of the applicant at the rate of Rs. 200/- per sq. mt., and, dissatisfied with the same, the applicant got a reference made and in the said reference the applicant produced several documents including a sale deed dated 24/04/1987-Exhibit PW1/A, award of District Court in Communidade of Nagoa LAC No. 23/1987 which was as regards notification dated 8/08/1985 wherein compensation was enhanced from Rs. 5/- to Rs. 40/- per sq. mt. of Survey No. 40/01 and award of the District Court dated 3 3/05/1991 in C.R. Machado LAC No. 269/1988 which was as regards notification dated 20/12/1985 wherein compensation was enhanced from Rs. 60/- to Rs. 92/- per sq. mt. 4. The learned reference Court took award-Exhibit AW1/B dated 5/01/1994 in LAC No. 23/1987 of the learned District Judge as basis and enhanced the compensation to Rs. 60/- per sq. mt. The learned reference Court did not take into consideration the award dated 3/05/1991 in LAC No. 269/1988 wherein compensation was enhanced to Rs. 92/- per sq. mt. as the applicant had only given distances but no further details were provided in order to compare the advantages and disadvantages of the land with that of the acquired land and therefore proceeded to fix the compensation payable to the applicant at the rate of Rs. 60/- per sq. mt. 5. There is no dispute that the applicant's property surveyed under No. 46/1 along with Machado's properties surveyed under No. 48/2 and 48/3 were subject matter of acquisition for the improvement of the National Highway No. 17 (Verna bye-pass) by virtue of notification issued under Section 4(1) of the Act published on Gazette dated 20/12/1985 and the applicant as well as the said Machado were awarded compensation by award dated 9/03/1988 at the rate of Rs. 60/- per sq. mt. The applicant did not prefer a reference against the said award but the said Machado's did and by award dated 4 3/05/1991 of the learned District Judge in LAC No. 269/1988 the compensation payable to the said Machado was enhanced to Rs. 92/- per sq. mt. in respect of the said survey no. 48/2 and 46/6 of village Nagoa. With the consent of parties, we have perused the award dated 9/03/1988 of the learned Land Acquisition Officer by which land was acquired for the improvement of the National Highway and which was the subject matter of the reference in LAC No. 269/1988, and, we find from the perusal of the same that the lands of survey no. 48/3, 48/2, 46/6 as well as 46/1 were classified as lands in the first category, and, if that be so we do not see any reason as to why the learned reference Court ought not to have considered the said award of the learned District Judge in LAC No. 269/1988 and enhanced the market value payable to the applicant by giving appreciation at the rate of 10% per year. This Court has consistently followed the view of the Apex Court in Special Land Acquisition Officer V/s. Mohd. Hanif Sahib Bawa Sahib (2002 (3) SCC 688) that 10% escalation is neither excessive nor unreasonable. Therefore, the applicant's land ought to have been valued at Rs. 92/- per sq. mt and by giving 10% appreciation the compensation payable works out to Rs. 128.80 per sq. mt. 6. In the circumstances, therefore, we allow the applicant's appeal and reject the respondents' appeal and fix the compensation payable to the applicant at the rate of Rs. 128.80 per sq. mt. with all consequential statutory 5 benefits, with costs of Rs. 5,000/- to be paid by the respondents to the applicant. The award of the learned reference Court would stand modified accordingly. A.P. DESHPANDE, J. N.A. BRITTO, J. NH/-