SPECIAL LAND ACQUISITION OFFICER Vs. COFRE DE NOSSA SRA DE BOA MORTE SANTAS ALMAS DA IGREJA DE MAJORDA

JUDGEMENT

(1.) This First Appeal filed by the acquiring body takes exception to the judgment and Award dated 29.8.2000 passed by the Reference Court in Land Acquisition No. 233/94 by which the Reference Court partly allowed the reference and the compensation granted was enhanced by awarding excess compensation at the rate of 24/- per square metre in respect of the 1/3rd share of the Applicant in the area of 850 square metres. The enhanced compensation awarded therefore comes to a sum of Rs.6800/-.

(2.) The Reference Court whilst rejecting the reliance placed on the Sale Deed at Exhibit AW2/A dated 17.6.1991 on the ground that the said Sale Deed was too close to the Notification dated 27.6.1991 and has therefore placed reliance on the Sale Deed at Exhibit AW1/C in respect of the land in survey No.42/2 which was the subject matter of the Land Acquisition Case No.235/94. The plot 'A" in the said Sale Deed admeasuring 906 square metres was sold for Rs.38,500/- i.e. at the rate of 42.50 per square metre. The said Sale Deed plot and the acquired land, both have the same advantages and disadvantages. The Sale Deed at Exhibit AW1/C is dated 14.6.1984. Applying increase at the annual rate of 10% per year the Reference Court has arrived at Rs.83/- per square metre as the market rate on the date of the notification i.e. 27.6.1991. The Applicant was already paid a sum of Rs.59/- per square metre in respect of the acquired land. Hence, the Reference Court by deducting the said amount of Rs.59/- awarded the enhanced compensation at the rate of Rs.24/- per square metre in respect of its 1/3rd portion claimed by the Applicant out of the plot of 850 square metres.

(3.) In the light of the evidence on record the market rate fixed at the rate of Rs.83/- per square metre is just and proper. In my view, there is no merit in the above Appeal which is accordingly dismissed.