SHRI EDGAR FRANCISCO VALLES Vs. DEPUTY COLLECTOR, SUB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23rd July, 2001 passed by the IInd Additional District Judge, Panaji, passed in Land Acquisition Case No. 42/97.

(2.) The appellant was an owner of land bearing P.T. Sheet No. 104/7 admeasuring 2365 square metres abutting two public roads situated at Altinho, Panaji, State of Goa. By a Notification dated 6th March, 1992 issued under Sec. 4 of the Land Acquisition Act, a portion of the land of admeasuring 265 square metres abutting the two roads was proposed to be acquired for widening of the traffic circle at the intersection of two public roads. The Land Acquisition Officer published the award on 1st March, 1995 awarding compensation at the rate of Rs. 100.00 per square metre for the acquired land. Aggrieved by the amount of compensation, the appellant filed an application to the Collector for making a reference to the Court. Accordingly, the matter was referred by the Collector to the District Court. By a judgment and order dated 23rd July, 2001, the District Court (hereinafter referred to as the Reference Court) enhanced the amount of compensation to Rs. 200.00 per square metre. Aggrieved by the decision of the Reference Court, the appellant has approached this Court by filing an Appeal No.172 of 2001. Appeal No. 24 of 2002 is filed by the State challenging the enhancement of compensation. Since both the appeals are directed against the same judgment, they are disposed of by this common judgment.

(3.) Before the Reference Court, the appellant examined Maria Filomena Fernandes, who is relative as also power of attorney of the appellant. He also examined Rui Rebeiro Santana (PW2), a Civil Engineer and valuer, who also happens to be a vendor in one of the sale deeds relied upon by the appellant. The appellant also examined Raghu Pikale (PW3) and Dr. Carmo Gracias (PW4) to prove the sale deeds relied upon by the appellant. The respondent examined Avdhut Bhonsle (RW1), Assistant Engineer in P.W.D. and Mr. Laxmikant Chodankar (RW2), Superintendent Survey Works in P.W.D. From the deposition of the witnesses and in particular PW1, PW2 and RW1 and RW2, there appears to be no dispute regarding the description and location of the land acquired. The acquired land forms a part of the land of P.T. Sheet No. 104/7 belonging to the appellant. The total area of the plot of land belonging to the appellant is 2365 square metres. The plot is situated at the intersection of two roads and faces two roads. Out of the said plot a portion of 265 square metres abutting the intersection of the two roads was acquired for the purpose of road widening i.e. to say widening of the intersection. The acquired land is situated at Altinho hill which is a posh residential locality where the senior Government officers, Ministers and VIPs reside. The land is situated at the plateau of the hillock of Altinho. Mrs. Maria Filomena Fernandes (PW1) has given description of the surrounding area. She has stated that the Doordarshan Kendra is situated at a distance of about 500 metres. Electricity Department is also situated at a distance of 500 metres. Bungalows of the Chief Minister, ministers, senior Government servants like Chief Secretary, Director General of Police and Secretaries are at a distance of 500 metres from the acquired land. Government Polytechnic College, C.M.M. Hospital, Nirmala College for B.Ed, Dempo College of Commerce and bungalows of businessmen are also situated within the radius of 500 metres from the acquired land. A bus stop is situated near the acquired land where the KTC buses arrive and halt. She has further stated that amenities such as electricity, water, telephone are very close to the acquired land. PW1 also filed on record the sale deeds of the lands in the locality which have been relied upon. PW2, Rui Rebeiro Santana an owner of the land in the vicinity has deposed about the location of the acquired land. He was previously working in the P.W.D. Department and then in the Mormugao Municipality till he retired in the year 1973. Thereafter, he started dealing with the work of preparing RCC designs and plans and he is also an approved valuer for the purpose gift tax, income tax and wealth tax. After describing the location of the land, he stated that the bungalows of Chief Minister, ministers, Bishop's palace, New Goa college of Arts, P.W.D., and Government Polytechnic are located on the western side of the hillock of Altinho and nearby the acquired land. The acquired land is situated at the junction of three roads, and abuts two of them and was acquired for the purpose of road widening at the junction of the roads. Avdhut Bhonsle, RW1 has stated that one road abutting the acquired land leads to Government Polytechnic college and while T.V. station is on the northern side of the acquired land. He has also stated that E-type Government quarters are situated in the vicinity. He stated that the Government Polytechnic college is at a distance of about 150 to 200 metres from the acquired land and mental hospital was around 120 metres. The electricity sub-station was around 60 square metres while I.T.I. is around 150 metres from the acquired land. The road towards Government Polytechnic was about 7.5 metres wide, the road leading to St. Inez was around 9.5 metres wide and the road going towards TV station was 8 metres wide at the intersection. 265 square metres of plot No.104/7 was acquired for road widening at the junction. In the cross examination, RW1 Avdhut Bhonsle and RW2 Laxmikant Chodankar admitted that there were developments in the vicinity of the acquired land such as private residential houses, electricity department quarters, AIR quarters and other residential houses etc. He also admitted that Polytechnic college and hostel were within 200 to 300 metres from the acquired land. It is thus clear that the acquired land is situated in a posh and developed area and bungalows of the Chief Minister, Ministers, Bishop's house as also other VIPs' houses are situated within the radius of 500 metres from the acquired land. T.V. Station, I.T.I., Government Polytechnic College, Electricity Employees Quarters are all located nearby. The acquired land is abutting the two roads and was a developed land. The surrounding area appears to be completely developed. The electricity sub-station is in the vicinity of the acquired land which has direct access from two roads and the water facility is available at or near the acquired land.