SPECIAL LAND ACQUISITION OFFICER AND CHIEF ENGINEER, KONKAN RAILWAY CORPORATION LTD Vs. MANUELA FARIA ROADRIGUES

JUDGEMENT

(1.) This appeal at the instance of acquiring body (Konkan Railway Corporation Limited) is directed against the judgment and award dated 30th August, 2001 passed by the learned Additional District Judge, South Goa, Margao, enhancing the amount of compensation for the acquired land at the rate of Rs. 134/- per square metre.

(2.) The Respondent (hereinafter referred to as 'the claimant') is the owner of the lands surveyed under survey Nos. 149/2 and 150/1 of Village Cortalim in Mormugao Taluka. An area of 1800 square metres out of survey No. 150/1 and an area of 675 square metres out of survey No. 149/2 belonging to the respondent were acquired for laying of railway tracks for the Konkan Railway. Notification under Section 4 of the Land Acquisition Act, 1894 was published on 24th October, 1991 and an award was made by the Land Acquisition Officer on 24th January, 1995. The Land Acquisition Officer awarded compensation at the rate of Rs. 4/- per square metre. Dissatisfied with the award of amount of a compensation, the claimant made an application to the Collector under Section 18 of the Land Acquisition Act, 1894, for making a reference in the District Court. Accordingly, the matter was referred to the District Court (hereinafter referred to as the Reference Court). In the reference application, the claimant claimed compensation at the rate of Rs. 50/- per square metre in addition to the compensation already awarded i.e. to say the claimant claimed compensation at the rate of Rs. 54/- per square metre. The Reference Court awarded the compensation at the rate of Rs. 134/- per square metre i.e. at the rate even higher than the rate claimed by the claimant in the reference application. Aggrieved by the judgment and award of the Reference Court, the appellants are in appeal.

(3.) Before the Reference Court, the claimant examined himself as AW1 and also examined Ernesto Moniz (AW2) as a valuer. The claimant also produced on record the certified copies of two sale deeds. The certified copies were returned to the claimant by retaining on record the photo copies after comparing them with the originals. First sale deed is dated 10th October, 1986 and is marked as Exhibit AW/C by the Reference Court. Second sale deed is dated 23rd April, 1991 and is marked as Exhibit AW1/D by the Reference Court. No oral evidence was adduced by the Appellants. After considering the oral and documentary evidence adduced before it, the Reference Court held that the market value of the acquired land on the date of the notification under Section 4 was Rs. 134/- per square metre. Accordingly the Reference Court awarded the compensation at that rate.