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Judgment
D.G. Karnik, J.—Heard learned Counsel for the parties.
These two cross appeals are directed against the judgment and award dated 30th April, 2001 passed by the learned Additional District Judge, North Goa, Panaji, in Land Acquisition Case No. 175/90. For the sake of convenience the appellant in First Appeal No. 145 of 2001 is hereinafter referred to as the appellant.
By a notification published in the Official Gazette dated 18th February, 1982 u/s 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ''the said Act'') the land of the Appellants was acquired for the purpose of parks, recreational and other development of the area of Miramar. The Land Acquisition Officer awarded a compensation at the rate of Rs. 150/- per square metre. Being dissatisfied with the amount of compensation awarded by the Land Acquisition Officer, the Appellants requested the Collector to make a reference u/s 18 of the Land Acquisition Act. Accordingly, the Collector referred the matter to the District Court. By the impugned judgment and award dated 30th April, 2001 the District Court enhanced the compensation and fixed it at Rs. 192/- per square metre.
It may be noted that several lands apart from the appellants land were acquired under the same notification under the same award for the same purpose. Several references were made at the instance of the different persons whose lands were acquired under the same notification. Several appeals were filed against the decisions of the Reference Court in this Court. The learned Counsel for the Appellants invited my attention to the decisions of this Court in the following three cases:
(i) First Appeal No. 92 of 2000 decided on 5th September, 2005 (Coram: R.M. Lodha & N.A. Britto, JJ.);
(ii) First Appeal No. 247 of 2000 decided on 4th July, 2008 (Coram: S.A. Bobde & R.C. Chavan, JJ.); and
(iii) First Appeal No. 201 of 2000 decided on 18th June, 2010 (Coram: A.S. Oka, J.).
In all above three matters this Court has held that the market value of the land in the vicinity and acquired under the same notification for the same purpose was Rs. 200/- per square metre. The learned Additional Government Advocate accepts that there is no difference between the lands covered by the aforesaid three judgments of this Court and the land in question in the present appeal. In view of this, it would be appropriate to award a compensation in the present case also at the rate of Rs. 200/- per square metre.
For these reasons, the impugned judgment and award is modified and it is declared that the appellants shall be entitled to the compensation at the rate of Rs. 200/- per square metre for the acquired land. The appellants shall be paid the difference in the compensation along with the statutory charges like solatium and interest on the enhanced amount.
In view of the above, no separate order is necessary in the cross appeal filed by the State bearing First Appeal No. 16 of 2002 and this order shall govern the decision in both the appeals.
Ordered accordingly.