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IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NOS. 125 OF 2006

AND

FIRST APPEAL NO. 261 OF 2004

FIRST APPEAL NO. 125 OF 2006

1. Special Land Acquisition Officer,

South Goa KRCL,

Amey Guest House,

Davorlim Road,

P. O. Navelim,

Salcete-Goa.

2. The Chief Engineer,

Konkan Railway Corporation

Ltd., Rawanfond, Margao,

Goa. ... Appellants

versus

Shri Mohandas Bhicu Bhat

R/o State Bank of India

Housing Society,

Near Old Survey Office,

Borda, Margao Goa. ... Respondent

Shri A. D. Bhobe, Advocate for the Appellants.

Shri C. A. Coutinho, Advocate for the Respondent.

FIRST APPEAL NO. 261 OF 2004

Mohandas Bhiku Bhat,

State Bank of India

Housing Society,

Near Old Survey Office,

Borda, Margao-Goa. ... Appellant

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versus

1. The Chief Engineer,

Konkan Railway Corporation,

4^th Floor, Souza Towers,

Church Square,

Panaji-Goa-403 001.

2. Special Land Acquisition

Officer, South Goa, K.R.C.L.,

Amay Guest House,

Davorlim Road,

P.O.Navelim,

Salcete-Goa-403 707. ... Respondents

Shri C. A. Coutinho, Advocate for the Appellant.

CORAM : N. A. BRITTO, J.

DATE : 14TH OCTOBER, 2010.

ORAL JUDGMENT

These are cross appeals and are directed against the

Judgment dated 22-7-2004 of the reference Court in L.A.C. No.232 of

1995 by which compensation payable has been enhanced from Rs.4/- to

Rs.28/- per sq. meter.

2.

Applicant's land admeasuring 3,300 sq. meters from survey

No.77/12 of Loliem village was acquired by the Government vide

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notification issued under Section 4(1) of the Land Acquisition Act, 1894

gazetted on 27-6-1991, and by award dated 31-3-1994, the Land

Acquisition Officer was pleased to award compensation at the rate of

` 4/- per sq. meter and ` 47,389.13 as the value of 112 trees existing in

the said property. The cross appeal has been filed by the applicant taking

objection for the deduction of the value of the trees.

3.

In First Appeal No.42 of 2005 by Judgment dated 6-10-2010

in the case of Smt. Shrimati Vishwanath Acharya(since dec.) rep. by

her L.Rs. v. Special Land Acquisition Officer and another in respect

of survey Nos.180/1 and 172/1 of the same village, this Court was

pleased to enhance the compensation payable from ` 4/- per sq. meter as

awarded by the Land Acquisition Officer to ` 21/- excluding the value of

the trees paid separately.

4.

Shri A. D. Bhobe, learned Counsel appearing on behalf of

the Special Land Acquisition Officer/K.R.C. submits that these appeals

be disposed off in the light of the Judgment passed by this Court in First

Appeal No.42 of 2005.

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5.

Shri C. A. Coutinho, learned Counsel appearing on behalf

of the applicant submits that compensation payable in this case was

assessed on the basis of a sale deed dated 4-7-1988 after taking a

deduction of 60%, and, therefore there is no scope for reduction of the

amount payable. Learned Counsel may be right. But, if the compensation

payable has been determined in this case on the basis of the sale deed,

the compensation payable in First Appeal No.42 of 2005 was also based

on another sale deed dated 7-2-1990 by which a plot was sold at the rate

of ` 64/- per sq. meter.

6.

Similar lands situated in the same village acquired under the

same notification need to be given same compensation, so as to avoid

disparity in payment of compensation.

7.

The Apex Court in several cases including the case of

M/s. Printers House Pvt. Ltd. v. Mst. Saiyadan (deceased) by L.Rs

and others(1994 SC 1160), has held that:

“If 'Comparable Sales Method of

Valuation of land' is adopted for

determining the market-value of an

acquired plot of land, it gener