STATE OF GOA Vs. FERNANDO ABRANCHES

JUDGEMENT

(1.) This is an appeal preferred by the State of Goa through its S.L.A.O. and its Public Works Department against the Judgment and Award dated 13th March, 2000 awarding compensation for the acquisition of the land @ Rs.40/- per square metre in the Land Acquisition Case No.230/1992 by the Second Additional District Judge, South Goa, Margao.

(2.) Briefly the relevant particulars are as under : <FRM>JUDGEMENT_27_TLMHH0_2010Html1.htm</FRM>

(3.) Though several grounds for preferring the present appeal have been quoted in the appeal memo, particularly lack of comparability in the sale instances and the acquired land, Learned Govt. Advocate Shirodkar for the State preferred to question the wisdom of the Trial Court in applying the ratio from the judgment reported in 1998 GLT (1) 324 State of Goa Versus Orga and Gomes D'Costa to the case in question. He pointed out that the sale deed land was a developed plot of land situate 300 meters away from the acquired land and as such there ought to have been deduction in the rate at which the said plot was sold to the extent of 50 % and not 40 % as done by the Reference Court for the purpose of arriving at the market value of the acquired land.