JUDGMENT When the matter was called out, Mr. Shetkar, holding for Ms. Dessai, Advocate for the respondents sought an adjournment on the ground that Advocate Ms. Dessai was not available. The matter was kept back and it was put to the notice of the Advocates that the matter will be taken up after sometime. Accordingly, the matter was taken up. 2. Heard Ms. Mordekar for the appellants. No arguments have been advanced by the respondents. 3. By this appeal, the appellants take exception to the judgment and award dated 15/10/2003 passed in Land Acquisition Case No. 134/2001, by the Additional District Judge, South Goa, at Margao, by which the reference under Section 18 of the Land Acquisition Act, 1894 ("the Act" for short) has been partly allowed. 4. Vide notification dated 1/3/1993 which was published in the Official Gazette dated 9.9.1993, the Government acquired lands of several persons for public purpose, viz. construction of office building at Chaudi Village of Canacona Taluka. An area admeasuring 290 sq. metres bearing Survey No.31/5 of Village Chaudi, belonging to the respondents, was part of the acquired land. 5. The respondents claimed compensation at the rate of Rs. 500/- per sq. metre. The Land Acquisition Officer, by an award dated 14.8.1996, fixed the market rate of the acquired land at the rate of Rs.6/- per sq. metre. Being dissatisfied with the award, the respondents sought reference under Section 18 of the Act and claimed compensation at the rate of Rs.500/- per sq. metre. 6. In Land Acquisition Case No. 134/2001, the respondents examined one witness, namely Smt. Madhuri Naik respondent No.2 and placed reliance upon two sale deeds dated 9.3.1992 and 30.6.1992, by which two plots were sold at the rate of Rs. 100/- and Rs.80/- per sq. metre, respectively. Both these plots admeasured 408.25 sq. metres and 110 sq. metres, respectively, and were situated at Chaudi Village. Reliance was also placed by the respondents on an award Exhibit 19, passed in Land Acquisition Case No. 136/2001 dated 3rd September, 2001, in respect of an adjoining property, belonging to one Paulina Fernandes, which was also acquired by the same notification, wherein the market rate of the acquired land was fixed at Rs.100/- per sq. metre. Reliance was also placed by the respondents on an award Exhibit 19, passed in Land Acquisition Case No. 136/2001 dated 3rd September, 2001, in respect of an adjoining property, belonging to one Paulina Fernandes, which was also acquired by the same notification, wherein the market rate of the acquired land was fixed at Rs.100/- per sq. metre. The Reference Court, placing reliance upon the award in Land Acquisition Case No.136/2001 - Exhibit 19, fixed the market rate of the acquired land at the rate of Rs.100/- per sq. metre. 7. Aggrieved by the compensation granted, the appellants have tiled the present appeal. 8. Ms. Mordekar, learned Addl. Govt. Advocate appearing for the appellants submitted that against the award dated 3rd September, 2001 passed in Land Acquisition Case No. 136/2001, an appeal was preferred by the appellants herein being First Appeal No.344/2003 and by Judgment and Order dated 6th September, 2011, passed by the learned Single Judge of this Court, the market rate of the acquired land therein has been fixed at Rs.85/- per sq. metre and, as such, the impugned award is liable to be set aside. She further submitted that the land of Smt. Paulina Fernandes was not an agricultural land and had facilities like telephone, water and electricity and, therefore, on this count, further deduction deserves to be made, even if the award passed by this Court in First Appeal No. 136/2001 is considered for the purpose of fixing the market rate of the acquired land. She further submitted that the compensation fixed by the Reference Court is highly excessive and, as such, the impugned judgment and award is liable to be set aside. 9. As stated above, no arguments have been advanced on behalf of the respondents. 10. I have carefully considered the submissions made by Ms. Mordekar, and perused the record. 11. In view of the submissions made on behalf of the appellants, following point arises for determination in this appeal:' Whether the Reference Court was justified in fixing the market rate of the acquired land at Rs.100/- per sq. metre? If not, what was the market rate of the acquired land as on the date of publication of Section 4 notification? 12. metre? If not, what was the market rate of the acquired land as on the date of publication of Section 4 notification? 12. Perusal of the judgment and award dated 6th September, 2011 passed in First Appeal No.344/2003 by this Court in respect of the property of Smt. Paulina Fernandes, discloses that the reference Court had fixed the market rate of the acquired land therein after considering the award Exhibit 19 which was also relied upon before the Reference Court. Ordinarily when several lands are acquired by notification issued under Section 4 of the Act, all the persons interested in the notification are entitled to same compensation, provided the nature of the properties acquired is same. In respect of the land of Smt. Paulina Fernandes, the market rate has been fixed at Rs.85/- per sq. metre by this Court in First Appeal No.344/ 2003. Perusal of the evidence led by the respondents discloses that the acquired land did not have facilities such as telephone, water and electricity which facilities were available in respect of the land of Smt. Paulina Fernandes. The evidence of Smt. Madhuri Naik further discloses that the acquired land was classified as paddy field, whereas the land belonging to Smt. Paulina Fernandes was not a paddy field. As such, I find merit in the submission of Ms. Mordekar that appropriate deduction will have to be made in fixing the market rate of the acquired land considering the disadvantage of the acquired land vis-a-vis the land belonging to Smt. Paulina Fernandes. 13. Considering the disadvantage of the acquired land vis-a-vis the land belonging to Smt. Paulina Fernandes, in my considered opinion, deduction of 25% from the market rate of the acquired land of Smt. Paulina Fernandes is warranted. Accordingly, the market rate of the acquired land, as on the date of publication of Section 4 notification, works out to Rs.63.75 per sq. metre, which is rounded off to Rs.64/- per sq. metre. Therefore, the market rate of the acquired land, as on the date of publication of Section 4 notification is fixed at Rs. 64/- per sq. metre. Needless to mention that the respondents are also entitled to all the statutory benefits under the Act. 14. The appeal stands partly allowed in the aforesaid terms, with no order as to costs. Appeal partly allowed.