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Judgment
S.C. Dharmadhikari, J.—This appeal is directed against the Judgment and Award dated 13th February, 2004 of the Additional District Judge - III, South Goa, Margao in Land Acquisition Case No. 320/1995.
The lands under acquisition are Survey Nos. 266/17, 266/21 and 268/6 - part. The land, in all, admeasured 4767.50 sq. meters and covered by the Notification dated 13.3.1991, published in the Government Gazette on 16.5.1991 u/s 4 of the Land Acquisition Act.
The reference u/s 18 was decided in the light of the decision of the Reference Court in Land Acquisition Case No. 314/95, which was delivered in a reference u/s 18 with regard to the lands which are adjacent to the instant survey numbers and belonging to the same family. The lands that are presently covered belonged to one branch; whereas with regard to the land of the other branch, it is covered by Land Acquisition Case No. 314/1995. In LAC 314/95, the Reference Court granted compensation at the rate of Rs. 268/- per sq. meter. This instance was relied upon and is a piece of evidence as far as present reference is concerned.
Parties do not dispute that against the Award rendered on 31.8.01 in LAC 314/95, an appeal was carried by same appellants and this Court vide Judgment and Order dated 31.8.2004 modified the rate from Rs. 268/- per sq. meter to Rs. 160/- per sq. meter. The Division Bench of this Court allowed the First Appeal No. 62/02 to this extent. Since this very instance has been relied upon to award compensation at the rate of Rs. 268/- per sq. meters, both sides agree before us that for the reasons recorded by the Division Bench in the above decision, the impugned Judgment in the present appeal will also have to be modified and the compensation redetermined, accordingly. They do not dispute that the facts pertaining to the instance land and the land in the present appeal are identical. They do not dispute that the reference u/s 18 was disposed of pertaining to the instance land and the present reference, is also under the same group.
In such circumstances, for the reasons recorded by the Division Bench, even this first appeal will have to be allowed partly. It is, accordingly, allowed in part. Order of the Reference Court is modified and the market value of the acquired land is fixed at Rs. 160/- per sq. meter. Needless to observe that the claimants shall be entitled to all consequential statutory benefits on the market value now determined. Registry to compute the amounts as per the modified order delivered by us and in terms of the same, a decree be drawn accordingly. The original claimants will be entitled to withdraw the sum as per appellate decree and the balance, if any, shall be permitted to be withdrawn by the appellants herein. This will be done within a period of 8 weeks from today. There shall, however, be no order as to costs.