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Judgment
N.A. Britto, J.—Heard learned Additional Government Advocate and learned Counsel on behalf of both parties.
This appeal is filed by the State of Goa and is directed against Judgment dated 6-10-2005 of the learned reference Court in Land Acquisition Case No. 47 of 2003.
The Respondents(applicants, for short) had their land surveyed under No. 6/3 and 6/4 of village Raia. Vide notification issued u/s 4(1) of the Land Acquisition Act, 1894, and published on Gazette dated 20-5-1996, an area of 200 sq. meters from survey No. 6/3 and 10 sq. meters from survey No. 6/4 were acquired by the Government for the purpose of widening and black topping of the road from Arlem to Borim. The Land Acquisition Officer by award dated 30-11-1999 awarded compensation to the applicants at the rate of Rs. 22/- per sq. meter for the acquired land. A portion of the compound wall was also included, and a sum of Rs. 10,490/- was paid as compensation.
In the reference made, the applicants claimed compensation at the rate of Rs. 800/- per sq. meter. On the basis of one of the sale deeds produced i.e. Exh.23, the learned reference Court determined the compensation payable at the rate of Rs. 141/- per sq. meter. In First Appeal No. 43 of 2006 decided today, in respect of the same village, compensation determined on the basis of the same sale deed has been maintained. The Apex Court in several decisions including Printers House Pvt. Ltd. v. Mst. Saiyadan (deceased) by LR''s and Ors. 1994 SC 1160, has observed that:
If ''Comparable Sales Method of Valuation of land'' is adopted for determining the market-value of an acquired plot of land, it generally holds good for determination of the market-value of several acquired plots of land if the acquisition of all such plots of land is made pursuant to the same preliminary Notification.
In the case at hand, the Land Acquisition Officer had awarded to the applicants same compensation as in First Appeal No. 43 of 2006, and the learned reference Court by relying on the same sale deed i.e. sale deed dated 4-10-1994 has determined the compensation payable at the rate of Rs. 141/- per sq. meter.
Therefore, I find there is no merit in this appeal, and accordingly the same is hereby dismissed.