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Judgment
A.S. Oka, J.—Heard the learned Government Advocate appearing for the Appellants. The challenge in this Appeal is to the judgment and award dated 13th November, 2002 passed by the learned District Judge in Land Acquisition Case No. 153/1996.
The acquisition relates to an area of 615 square metres out of survey No. 668/1 of Village Cuncolim. The Notification u/s 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ''the said Act'') in respect of the acquired land was issued on 22nd December, 1993 which was published in the Official Gazette on 7th March, 1991. The Land Acquisition Officer offered the market value at Rs. 4/- per square metre. The Respondent did not accept the market value and applied for reference. The Respondent made a claim of the market value at the rate of Rs. 100/- per square metre. By the impugned judgment and award, Reference Court enhanced the market value to Rs. 45/- per square metre.
The learned Government Advocate has taken me through the impugned judgment and award and submitted that the market value awarded is excessive. He has also invited the attention of this Court to the judgment and order dated 5th November, 2009 passed by this Court in First Appeal No. 177 of 2000 arising out of an award made in Land Acquisition Case No. 154/1996. The said case was relating to a land notified for the acquisition under the same notification as in the present case. It must be noted here that relying upon the award passed in Land Acquisition Case No. 154/1996, in the present case, by the impugned award, the market value at the rate of Rs. 45/- per square metre has been fixed by the Reference Court. The market value of Rs. 45/- per square metre fixed in the Land Acquisition Case No. 154/1996 has been upheld by this Court in the aforesaid decision dated 5th November, 2009 in First Appeal No. 177 of 2000.
In view of the aforesaid decision of this Court, a different view cannot be taken in this case. Hence, there is no merit in the Appeal and accordingly the Appeal is dismissed with no order as to costs.