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Judgment
N.A. Britto, J.—These are cross appeals and are directed against the Judgment dated 22-7-2004 of the reference Court in L.A.C. No. 232 of 1995 by which compensation payable has been enhanced from Rs. 4/- to Rs. 28/- per sq. meter.
Applicant''s land admeasuring 3,300 sq. meters from survey No. 77/12 of Loliem village was acquired by the Government vide notification issued u/s 4(1) of the Land Acquisition Act, 1894 gazetted on 27-6-1991, and by award dated 31-3-1994, the Land Acquisition Officer was pleased to award compensation at the rate of Rs. 4/- per sq. meter and Rs. 47,389.13 as the value of 112 trees existing in the said property. The cross appeal has been filed by the applicant taking objection for the deduction of the value of the trees.
In First Appeal No. 42 of 2005 by Judgment dated 6-10-2010 in the case of Smt. Shrimati Vishwanath Acharya (since dec.) rep. by her L.Rs. v. Special Land Acquisition Officer and Anr. in respect of survey Nos. 180/1 and 172/1 of the same village, this Court was pleased to enhance the compensation payable from Rs. 4/- per sq. meter as awarded by the Land Acquisition Officer to Rs. 21/- excluding the value of the trees paid separately.
Shri A.D. Bhobe, learned Counsel appearing on behalf of the Special Land Acquisition Officer/K.R.C. submits that these appeals be disposed off in the light of the Judgment passed by this Court in First Appeal No. 42 of 2005.
Shri C.A. Coutinho, learned Counsel appearing on behalf of the applicant submits that compensation payable in this case was assessed on the basis of a sale deed dated 4-7-1988 after taking a deduction of 60%, and, therefore there is no scope for reduction of the amount payable. Learned Counsel may be right. But, if the compensation payable has been determined in this case on the basis of the sale deed, the compensation payable in First Appeal No. 42 of 2005 was also based on another sale deed dated 7-2-1990 by which a plot was sold at the rate of Rs. 64/- per sq. meter.
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 L.Rs 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.
The land covered in First Appeal No. 42 of 2005 was of survey Nos. 180/1 and 172/1 of Loliem village covered by the same notification as in this case, and, therefore on the basis of Judgment dated 6-10-2010 in First Appeal No. 42 of 2005 in the case of Smt. Shrimati Vishwanath Acharya(since dec.) by her L.Rs. v. Special Land Acquisition Officer and Anr. the applicant would be entitled for compensation at the rate of Rs. 21/- per sq. meter by excluding the value paid for the trees, under clause secondly of Sub-section (1) of Section 23 of the said Act.
In the light of that, the award of the learned reference Court dated 22-7-2004 is hereby modified, and both the appeals are accordingly disposed of. Applicant would be entitled to the said compensation at the rate of Rs. 21/- per sq. meter for the acquired land with all statutory benefits. No order as to costs.