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Judgment
F.M. Reis, J.—Heard Shri S. Mordekar, the learned Additional Government Advocate appearing for the appellants and Shri P. Rao, the Learned Counsel appearing for the respondents. The above appeal challenges the judgment and award passed in Land Acquisition Case No. 24/2002 passed by the learned District Judge, North Goa, Panaji whereby the reference filed u/s 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ''the said Act'') was partly allowed and the compensation for the land acquired was fixed at the rate of Rs.131/- per square metre.
Briefly, the facts of the case are that pursuant to the notification u/s 4 of the said Act, published in Official Gazette dated 9/07/1998 land belonging to the respondents was acquired for the construction of a road at Dandi admeasuring an area of 620 square metres from the property surveyed under no. 105/1. By an award passed u/s 11 of the said Act dated 9/01/2001, the Land Acquisition Officer offered compensation for the land acquired at the rate of Rs.19/- per square metre. Being dissatisfied with the said amount the respondents sought a reference u/s 18 of the said Act and claimed compensation for the land acquired at the rate of Rs.600/- per square metre. By judgment and award dated 7/09/2006, the learned Reference Court partly allowed the said reference and fixed the compensation for the land acquired at the rate of Rs.131/- per square metre.
During the course of hearing of the above appeal, the learned Additional Government Advocate appearing for the appellants has brought to my notice the judgment passed by this Court dated 22/10/2010 in First Appeal No. 280/2003 whereby the compensation for the land acquired pursuant to the same notification in respect of the property surveyed under no. 104/1 of Nerul village was fixed at the rate of Rs.92/- per square metre. The Learned Counsel further points out that in the judgment impugned in the present appeal the award passed in Land Acquisition Case No. 65/2001 which was challenged by the appellants in the said First Appeal 280/2003 was relied upon for fixing the market value of the acquired land. The learned Additional Government Advocate, as such, submits that the compensation for the land acquired is to be fixed accordingly at the same rate as fixed by this Court by the said judgment dated 22/10/2010.
Shri P. Rao, the Learned Counsel appearing for the respondents fairly concedes that in fact the basis for fixing the compensation in the judgment impugned in the above appeal was the award which was challenged in First Appeal No. 280/2003. The Learned Counsel also does not dispute that the land acquired in the present case and the land which was the subject matter of the acquisition in the said First Appeal are pursuant to the same notification and adjoining to one another.
Considering the facts and circumstances of the case and taking note of the fact that this Court has fixed the compensation for the land acquired which is similarly situated and was the subject matter of the same notification at the rate of Rs.92/- per square metre, I find no reason not to fix the same compensation for the land acquired in the present case. Taking into consideration that the Learned Counsel appearing for the respondents does not dispute the fact that the land acquired in the present case and the land which was the subject matter of the First Appeal No. 280/2003 are similar in nature and have same potentialities the compensation to be paid to the respondents is to be at the rate of Rs. 92/- per square metre. For the reasons stated in the said judgment dated 22/10/2010, passed in First Appeal No. 280/2003, I find the Reference Court was not justified to fix the compensation at the rate of Rs. 131/- per square metre and for the reasons stated therein the compensation for the land acquired is fixed at the rate of Rs. 92/- per square metre. In view of the above, I pass the following order:
ORDER
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 7/09/2006 is modified and the compensation for the land acquired is fixed at the rate of Rs. 92/- per square metre instead of Rs. 131/- per square metre as fixed therein.
(iii) Needless to state that the respondents are entitled for statutory benefits as awarded in the said judgment and award.
(iv) The appeal stands disposed of accordingly with no order as to costs.
(v) At the request of the Learned Counsel, the Registry is directed to compute the amount payable to the respondents and disburse the amount to the respondents along with interest therein. The excess amount is directed to be refunded to the appellants with interest accrued thereon.