1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.121/2001. 1. State of Goa, through the Land Acquisition Officer, South Goa, Sub-Division, Quepem, Goa. 2. The Executive Engineer, Works Division XXV (NH) PWD, Gogol, Margao, Goa. ..... Appellants. Versus Shri Assis Jose Apolino das AugustiasDias @ Assis Dias r/o House No.558, Dandeavaddo, Chinchinim, Salcete, Goa. ..... Respondent Ms. W. Coutinho, Advocate for the appellants. None present for the respondent, though served. Coram :- A. P. LAVANDE, J. Date :- 27 th November,2008. ORAL JUDGMENT : 1. Heard Ms. W. Coutinho, learned Government Advocate for the appellants. None present for the respondent, though served. 2. By this appeal, the appellants take exception to the judgment and award dated 30/04/2001 passed by IInd Additional 2 District Judge, South Goa, Margao in Land Acquisition Case No.165/1992 by which the Reference Court partly allowed the reference enhancing compensation from Rs.13 to 100 per square metre. 3. Vide notification issued under Section 4 of the Land Acquisition Act (hereinafter referred to as “The Act”) which was published in the official gazette dated 18.08.1988, the Government of Goa acquired lands belonging to different persons for the purpose of widening and improvement of National Highway-17. The land admeasuring 400 square metres along with the house admeasuring 307.12 square metres from Survey No.423/10 from village Chinchinim, belonging to the respondent was part of the acquired land. The Land Acquisition Officer awarded compensation @ Rs.13 per square metre. Aggrieved thereby, the respondent sought reference claiming compensation @ Rs.175 per square metre. The Reference Court enhanced the compensation @ Rs.100 per square metre. Before the Reference Court, the respondent examined A.W.1 Vijay Dias, duly constituted attorney of the respondent, A.W.2 Gabriel Rodrigues, A.W.3 Prakash Miraskar, A.W.4 Rosa F. B. Coutinho. The respondent primarily relied upon sale deed Exh.AW1/B dated 13.08.1985 by which A.W.4 Rosa Coutinho had sold a plot of land situated in the vicinity of the acquired land @ Rs.175 per square metre. The Reference Court, placing reliance upon the said sale deed and after making appropriate 3 deductions and considering 10% increase in the price of land every year, fixed the market rate of the acquired land @ Rs.100 per square metre. Aggrieved by the award passed by the Land Acquisition Officer, the appellants have filed the present appeal. 4. Ms. W. Coutinho, learned Government Counsel appearing for the appellants, has invited my attention to two unreported judgments delivered by the learned Single Judge of this Court, the first one dated 07.10.2005 in First Appeal No.63/1999 and the second judgment dated 27.10.2005 in First Appeal No.30/01 preferred by the appellants herein. In the said judgments, the Reference Court has placed reliance upon the judgment in First Appeal No.32/1999 dated 6.10.2005 by which this Court fixed the compensation in respect of land acquired by the same notification @ Rs.100 per square metre. It has not been disputed by the learned Government Counsel that the lands involved in First Appeal Nos.32/1999 and 63/1999 and 30/2001 and the land involved in the present appeal, are similarly situated and, admittedly, have been acquired by the same notification. In view of the settled legal position that when different lands are acquired by the same notification and, are similar in nature, all the persons interested in respect of the said lands, are entitled to the same compensation, I am of the considered opinion that no interference is called for by this Court with the impugned award. The Reference Court, in the present mater, has fixed the compensation 4 @ Rs.100 per square metre. As such, no fault can be found with the impugned judgment and award. 5. In view of the above, the appeal is liable to be dismissed and is, accordingly, dismissed. No order as to costs. A.P. LAVANDE, J. SMA