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Judgment
N.A. Britto, J.—Heard learned Counsel on behalf of both parties.
First Appeal No. 78/2005 arises from award dated 15/5/2004 of the learned Reference Court. The compensation awarded by the Land Acquisition Officer at Rs. 9/- per square metre for Survey Nos. 108/4 and 108/13 of Chaudi Village has been enhanced by the learned Reference Court to Rs. 24/- per square metre.
First Appeal No. 80/2005 arises from award dated 15/05/2004 of the learned Reference Court. The compensation awarded by the Land Acquisition Officer has been enhanced from Rs. 9/- for Survey No. 105/7 of Chaudi village by the learned Reference Court to Rs. 24/- per square metre.
First Appeal No. 84/2005 arises from award dated 15/05/2004 of the learned Reference Court. The compensation awarded by the Land Acquisition Officer at Rs. 9/- per square metre for untenanted paddy land and Rs. 2/- per square metre for land under ponds, nullas has been enhanced to Rs. 24/- per square metre.
Counsel on behalf of the parties have brought to my notice a common judgment of this Court dated 7/04/2005 in First Appeal No. 29/2000 and Others. First Appeal No. 221/2000 pertains to Survey Nos. 134/14, 134/8, etc. and First Appeal No. 222/2000 pertains to Survey Nos. 101/8, 100/13, 100/10, etc. The compensation awarded in both the said appeals is Rs. 19/- per square metre.
There is no dispute that in all these appeals the lands were situated in the Chaudi village of Canacona Taluka and were covered by the same notification and were acquired for the same purpose, namely, notification gazetted on 4/07/1991 for the purpose of the construction of new busy line for Konkan Railway.
In Printers House Pvt. Ltd. v. Mst. Saiyadan (deceased) by LR''s and Ors. 1994 SC 1160, the Apex Court 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 Bhim Singh and Others Vs. State of Haryana and Another, the Apex Court has held that even otherwise, when compensation has already been fixed by the High Court in earlier proceedings and when in one of such proceeding this Court has already approved the rate fixed then in view of their Lordships, the best method would be to look at the earlier judgments awarded. Therefore, the High Court could not be faulted for having fixed compensation on the basis of earlier judgments and award.
It is desirable that similar land in the same village acquired under the same notification be awarded the same compensation in order to bring uniformity in awards.
In the light of the above, these appeals are partly allowed and the awards of the learned Reference Court are hereby modified and the compensation payable to the respondents is fixed at the rate of Rs. 19/- per square metre, which the respondents would be entitled to with all consequential statutory benefit.