STATE OF GOA Vs. SARA DA COSTA

JUDGEMENT

(1.) This is the State's appeal and is directed against judgment dated 13/03/2000 of the learned Reference Court by which the compensation payable to the respondent was enhanced from Rs.22/-, as awarded by the Land Acquisition Officer, to Rs.40/- in respect of 475 square meters, and Rs.67/- in respect of 525 square meters.

(2.) There is no dispute that vast area of land admeasuring about 26,621 square meters was acquired by the Government by notification issued under Section 4 of the Land Acquisition Act, 1894 and published on gazette dated 1/12/1988 for the purpose of laying pipeline and service road for 160 MLD Selaulim Water Supply Project. There is also no dispute that an area of about a thousand square meters of the respondent's land was included in the said acquisition. An area of 225 square meters were acquired from Survey No.197/6, 250 square meters were acquired from Survey No.196/3 and 525 square meters were acquired from Survey No.198/3. It is for this 525 square meters that the learned Reference Court has awarded compensation at the rate of Rs.67/- per square meter and for the remaining land Rs.40/- per square meter.

(3.) The Land Acquisition Officer had classified the applicant's land as bharad and has offered compensation of Rs.22/- per square meter. As against that the respondent claimed enhanced compensation at the rate of Rs.70/- per square meter and in support of the reference examined her attorney and relied upon two sale deeds, namely, a sale deed dated 12/2/1985-Exhibit AW1/B by which land of Survey No.198/3 was sold at the rate of Rs.51.28/- per square meter, and a sale deed dated 21/02/1987 - Exhibit AW1/C by which land with house of Survey No.196/3 was sold at the rate of Rs.94/- per square meter.