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Judgment
N.A. Britto, J.—Heard Shri S. Vahidulla, learned Additional Government Advocate on behalf of the Appellant. The Respondents have chosen to remain absent.
This appeal is directed against Judgment of the reference Court dated 9-11-2004 in L.A.C. No. 59 of 1999. The learned reference Court has enhanced compensation from Rs. 7/- per sq. meter, first to Rs. 54.55 per sq. meter and then to Rs. 93.50 per sq. meter, in the final part of the Order. The land involved was 675 sq. meters of survey No. 118/1 of Nuvem village.
First Appeal No. 65 of 2005 arose from L.A.C. No. 104 of 1998. This case pertained to survey Nos. 363/3 and 136/6, of the same village, acquired for the same purpose, by the same notification, published on Gazette dated 31-5-1991.
In L.A.C. No. 65 of 2005 the compensation payable was enhanced from Rs. 7/- to Rs. 79.86 per sq. meter by award dated 16-11-2004 based on a sale deed dated 7-6-1988 of the same village. That award has been maintained by this Court in First Appeal No. 65 of 2005.
Although, the award dated 9-11-2004 and 16-11-2004 are rendered by the same learned Judge of the reference Court, it appears that in this case, a different methodology has been followed. This needs to be discouraged.
The Apex Court in several decisions including M/s. Printers House Pvt. Ltd. Vs. Mst. Saiyadan (Deceased) by L. Rs., and others, has held that once comparable sales method 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 acquisition of all such plots of land is made pursuant to the same preliminary Notification.
In the light of the above, the appeal is partly allowed. The award dated 8-11-2004 is modified and the compensation payable to the Respondents is fixed at Rs. 79.86 per sq. meter with all consequential statutory benefits.