SPECIAL LAND ACQUISITION OFFICER AND CHIEF ENGINEER, KONKAN RAILWAY CORPORATION LTD Vs. JULIA PEREIRA ANDRADE

JUDGEMENT

(1.) This appeal is directed against judgment dated 31/10/2001 of the learned Reference Court, Margao in Land Acquisition Case No. 264/95 by which compensation payable has been enhanced from 36/- to 138/- per square metre.

(2.) The respondent (applicant, for short) had a property admeasuring 2075 square metres surveyed under No. 45/11 of Village Cansaulim in Mormugao Taluka. By virtue of notification issued under Section 4(1) of the Land Acquisition Act, 1894 and published on Gazette dated 8/08/1991, an area of 1665 square metres of the said land of the applicant was acquired for the purpose of construction of new broad gauge line of Konkan Railway.

(3.) In the reference, the applicant claimed 400/- per square metre. The applicant also claimed 4,35,000/- for the trees as against 1,59,625/- awarded by the Land Acquisition Officer. In support of her claim for enhancement, the applicant examined herself (AW1), Engineer Shri Bhende as her expert (AW2) and Shri Joseph Barretto (AW3). This witness was examined in support of the sale deed Exhibit AW1/C by which a plot of land admeasuring 1,300 square metres was sold at the rate of 163/- per square metre situated in the same village, Cansaulim.