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Judgment
N.A. Britto, J.—These two appeals are filed by the State of Goa and are directed against Judgments dated 29-7-2005 of the learned reference Court, Margao.
In the first case, an area of 102 sq. meters was acquired from survey No. 113/1 of Nuvem village. In the second case, an area of 140 sq. meters was acquired from survey No. 119/12 of the same village. The acquisition was by notification issued u/s 4(1) of the Land Acquisition Act, 1894, published on Gazette dated 27-10-2000.
In both the cases, by award dated 30-8-2002, the Land Acquisition Officer was pleased to award compensation at the rate of Rs. 5/- per sq. meter. In the first case, the applicant had produced two sale deeds dated 10-3-2000 and 7-6-2002. The learned reference Court after taking into consideration the first sale deed dated 10-3-2000 and following the Judgment of this Court in the case of State of Goa and Anr. v. Antonio Almeida and Ors. Judgment dated 23-6-2004 in First Appeal No. 176 of 2000 with Cross Objections has fixed the market value of the acquired land at Rs. 70.50 per sq. meter after deducting the value of the trees paid by the Land Acquisition Officer. In the second case also, the learned reference Court had taken the said sale deed dated 10-3-2000 as the basis for fixing the compensation and so also the Division Bench Judgment of this Court in the case of State of Goa and Anr. v. Antonio Almeida and Ors., and after deducting the value paid for the trees has fixed the compensation payable at the rate of Rs. 49/- per sq. meter. As seen, both the cases pertain to the same notification u/s 4(1) of the Land Acquisition Act, 1894 published on Gazette dated 27-10-2000 by which land was acquired for the construction of road from Duncolim to Murida-Pequeno in Village Panchayat of Seraulim and Nuvem.
First Appeal No. 115 of 2005 arose from Judgment dated 23-12-2004 in Land Acquisition Case No. 37 of 2003. This acquisition pertained to 325 sq. meters of survey No. 119/4 of Nuvem village which was acquired by notification issued u/s 4(1) of the Land Acquisition Act, 1894 published on Gazette dated 9-11-2000.
By Judgment dated today in First Appeal No. 115 of 2005, by taking into consideration, the same sale deed dated 10-3-2000, this Court has fixed compensation payable to the appellants at the rate of Rs. 100/- per sq. meter. It is true that First Appeal No. 115 of 2005 pertained to notification gazetted on 9-11-2000 while these two appeals pertained to notification gazetted on 27-10-2000. The applicants in these two appeals, namely First Appeal No. 257 and 230 of 2006 have not preferred any appeals or filed cross objections against the awards awarding compensation to them at the rate of Rs. 70.50 and Rs. 49/- per sq. meter, respectively. The applicants in these two appeals have received lower compensation than in First Appeal No. 115 of 2005 although the difference in the date of notification was less than a month.
Considering the same, I am not inclined to entertain these two appeals, and, accordingly the same are hereby dismissed. The amount deposited, be paid to the Respondents(applicants) after expiry of the period of appeal.