RATAN SANTOSH MAYENKAR AND ORS Vs. DEPUTY COLLECTOR (REV ) AND L A O AND DEPUTY CHIEF EXECUTIVE OFFICER, DAMAN AND DIU INDUSTRIAL DEVELOPMENT CORPORATION

JUDGEMENT

(1.) Heard learned Counsel for the parties. This appeal is directed against the judgment and award dated 23rd October, 2000 passed by the learned District Judge, North Goa, Panaji in Land Acquisition Case No. 106/94. Land of the appellants bearing survey No. 419, along with the lands bearing survey Nos. 420(part), 391(part), 392 (part), 428(part), and 511 of Village Marcaim, Ponda Taluka was acquired at the instance of respondent No. 2 by the State. A common notification under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") for acquisition of aforementioned lands was published on 27th January, 1992. An award under Section 11 of the Act was made on 15th February, 1994 by which the compensation calculated at the rate of Rs. 6/- per sq. metre for the acquired land was awarded to the appellants. Being dissatisfied by the amount of compensation, the appellants made an application under Section 18 of the Act for enhancement. By the impugned judgment and award, the Reference Court rejected the reference with costs and thereby confirmed the award of the Land Acquisition Officer. Aggrieved by the decision of the Reference Court, the appellants are in appeal.

(2.) The learned Counsel for the appellants produced for my inspection a copy of the judgment and award dated 24th June, 2010 passed by a Division Bench of this Court in First Appeal No. 283/2002 with First Appeal No. 103/2003. First Appeal No. 103/2003 arose out of the acquisition of land bearing survey No. 391(part), admeasuring 40,425 sq. metres belonging to the Communidade of Marcaim which was acquired under the same notification under Section 4 of the Act. In First Appeal No. 103/2003, the Division Bench determined the market value of the land bearing survey No. 391 at the rate of Rs. 12/- per sq. metre.

(3.) A plan of the property filed at page 46 of the paper book shows that the appellants' land bearing survey No. 419 is adjoining survey No. 391, the market value of which has been held to be Rs. 12/- per sq. metre by the Division Bench.