LAWS(BOM)-2010-8-263

VAIKUNTH GOPINATH POI, PANANDIKAR (DECEASED), THROUGH HIS L.RS Vs. THE DY. COLLECTOR (REV.) & L.A.O. AND ANR.

Decided On August 27, 2010
Vaikunth Gopinath Poi, Panandikar (Deceased), Through His L.Rs Appellant
V/S
The Dy. Collector (Rev.) And L.A.O. And Anr. Respondents

JUDGEMENT

(1.) The above Appeal challenges the Judgment and Award dated 27th Oct., 2003, passed by the learned Addl. District Judge, South Goa, Margao, in Land Acquisition Case no. 498/1995, whereby a reference filed by the Appellants under Sec. 18 of the Land Acquisition Act, was answered in the negative.

(2.) By a Notification under Sec. 4 of the Land Acquisition Act, 1894, (hereinafter referred to as the 'said Act'), bearing no.22/176/91-RD dated 30.09.1991, published in the Official Gazette dated 27.02.1992, the land of the Appellants admeasuring an area of 140 square metres from the property surveyed under no. 7/1, was acquired for the construction and black topping of main Betalbatim road via Bagdem, Padriguelem, Village Panchayat of Colva. By an Award dated 27.01.1995, passed under Sec. 11 of the said Act, the Land Acquisition Officer awarded compensation for the land acquired at the rate of Rs. 7.00 per square metre. Being dissatisfied with the said Award, the Appellants sought a reference under Sec. 18 of the said Act for enhancement of compensation and claimed a compensation at the rate of Rs. 600.00 per square metre besides compensation for the coconut trees of Rs. 3000.00. The Reference Court by the impugned Judgment and Award dated 27th Oct., 2003, dismissed the reference filed by the Appellants.

(3.) Being aggrieved by the said Judgment, the Appellants have preferred the present Appeal.