STATE OF GOA Vs. PROTO FERNANDES

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment since the parties and the issues involved in the appeals are the same.

(2.) Vide Notification issued under Section 4(1) of the Land Acquisition Act ("The Act" for short), which was published in the Official Gazette dated 14.6.1984, the Government of Goa acquired lands of several persons for construction of road from Sorim Vasawaddo to Wadi Vaswaddo in Benaulim village. An area admeasuring 40 sq.metres bearing survey no.72/3 and an area admeasuring 220 sq.metres bearing survey no.74/3 belonging to the respondent were part of the acquired land. The respondent claimed Rs.150/- per sq.metre in respect of survey no.72/3 and Rs. 108/- per sq.metre in respect of survey no.74/3. By Award dated 1/3/1998, the Land Acquisition Officer offered compensation at the rate of Rs.18/-per sq.metre in respect of both the lands of the respondent. Aggrieved by inadequacy of the compensation the respondent sought reference under Section 18 of the Act claiming higher compensation. In Land Acquisition Case No.217 of 1993 pertaining to survey no.72/3 and in Land Acquisition Case No.218 of 1993 pertaining to survey no.74/3, the respondent claimant examined Dr. Fernando Fernandes, AW-1. He placed reliance upon the Sale Deed dated 26.7.1982 by which an area of 42 sq.metres bearing survey no.74/3 was sold at the rate of Rs.70/- per sq.metre . The Reference Court placed reliance upon the said sale deed and held that the respondent was entitled to compensation at the rate of Rs.70/- per sq.metre. The Reference Court did not grant any yearly increase on the ground that the claimant did not lead any evidence to that effect. Aggrieved by the grant of higher compensation, the appellants have filed the above two appeals.

(3.) Mr. Vahidulla, the learned Government Advocate appearing on behalf of the Appellants submitted that the learned Reference Court has erred in placing reliance on sale deed dated 26.7.1982, which was in respect of a very small plot and, as such, it could not form the basis for fixing the compensation of the acquired lands. He, therefore, submitted that compensation granted is on much higher side and therefore the appeals deserve to be allowed.