Special Land Acquisition Officer and The Chief Engineer, Konkan Railway Corporation Ltd. vs Pandhari Shamba Dessai Pansulem (Since deceased represented by his legal heirs) (Smt. Shenvati Pandhari Naik Dessai, wife and Others)

N.A. Britto, J.—Heard learned Counsel on behalf of the parties.

This appeal is filed against judgment dated 4/03/2004 of the learned Reference Court in Land Acquisition Case No. 196/95, by which compensation payable has been enhanced from Rs. 9/- to Rs. 24/- per square metre.

The acquired land admeasures 8010 square metres and is from Survey Nos. 50/33, 50/5, 48/21, 56/20, 56/8, 54/4, 53/1 and 56/22 of Nagorcem-Palolem village of Canacona Taluka. These lands were covered by notification published on Gazette dated 11/06/1991 and were acquired for the purpose of construction of the new broad gauge line for the Konkan Railway.

In First Appeal No. 29/2000 (in the case of Special Land Acquisition Officer and Anr. v. Govind Jiu Dessai (dec. thro'' LR''s Parvati Govind Dessai and Ors.) and Ors., by judgment dated 7/04/2005, the compensation payable was fixed by this Court at the rate of Rs. 19/- per square metre for the lands which were covered by the same notification and situated at Chaudi, Canacona. In First Appeal No. 24/2000 (in the case of Shri Ajay Krishna Bhagat and Ors. v. Special Land Acquisition Officer and Anr.), by judgment dated 23/09/2005 this Court had also awarded compensation at the rate of Rs. 19/- per square metre for lands situated in Nagorcem-Palolem village of Canacona Taluka covered by the same notification.

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.

The Apex Court in several cases including the case of Printers House Pvt. Ltd. v. Mst. Saiyadan (deceased) by LR''s and Ors. 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 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 light of the above, this appeal deserves to succeed and the award of the learned Reference Court is hereby modified, in that the applicant now would be entitled for the compensation at the rate of Rs. 19/- per square metre, with all consequential statutory benefits. Appeal is accordingly disposed of with no order as to costs.