LAWS(BOM)-2010-7-120

DEPUTY COLLECTOR Vs. JOAQUIM FRANCIS FERNANDES

Decided On July 05, 2010
DEPUTY COLLECTOR (L.A.) AND L.A.O., PANAJI Appellant
V/S
SHRI JOAQUIM FRANCIS FERNANDES Respondents

JUDGEMENT

(1.) The Appeal challenges the Judgment and Award dated 21st August, 2000 passed by the learned District Judge, North Goa, Panaji, in Land Acquisition Case no. 113/1992, whereby the reference filed by the Respondents was partly allowed and the market value of the land acquired was fixed at Rs.40/- per square metre.

(2.) The parties shall be referred in the manner as they appear in the cause title of the impugned Award.

(3.) By Government Notification issued under Section 4 of the Land Acquisition Act published in the Official Gazette dated 27.04.1982, an area of 33,390 square metres was acquired from the property surveyed under no.21, belonging to the Applicants, situated in Village Corlim, atTiswadi Taluka, for residential development under integrated urban development programme at Corlim. By an Award passed by the Land Acquisition Officer dated 10.06.1983, the land of the Applicants was valued at Rs.8/- per square metre. Being dissatisfied by the said Award, the Applicants sought a reference under Section 18 of the said Act for enhancement of compensation and claimed that the market value of the land acquired as on the date of the Section 4 Notification was Rs.85/- per square metre.