ORDER

R.V. Raveendran J.

1. An area of 3,65,375 sq.m. of land in Balli Village, Quepem Taluk, Goa was acquired for laying the New Broad Gauge line for Konkan Railway in pursuance of preliminary notification dated 27.6.1991 (published on 30.7.1991) and final declaration dated 4.11.1991. The acquisition included parts of survey Nos. 45/1, 45/5, 45/6, 51/1 and 51/2 of Balli village measuring 60343 sq.m. (for short the 'acquired lands') belonging to the Appellant. The Land Acquisition Collector, by his Award dated 7.12.1993, awarded compensation at the rate of Rs. 12/- per sq.m. for bharad (orchard) lands and Rs. 6/- per sq.m. for irrigated (paddy) lands. The Reference Court and the High Court affirmed the said valuation by rejecting the reference and appeal by the Appellant. The refusal to increase the compensation is under challenge in this appeal by special leave. The only question that arises for consideration is whether compensation awarded, should have been at a higher rate.

Description, Location and potential of the land

2. AW-1 (power of attorney holder of the Appellant) has given evidence stating that the acquired lands are level lands, fit for construction; that all amenities and