ZUARI INDUSTRIES LTD Vs. DY COLLECTOR

JUDGEMENT

(1.) By this Appeal, the Appellant has taken an exception to the Judgment and Award dated 27th March, 2006, passed by the learned Addl. District Judge, South Goa, at Margao, in Land Acquisition Case no. 49/2004.

(2.) The Appellant is the claimant. The acquisition relates to a land at Sancoale Village. The Land Acquisition Officer offered market value at the rate of Rs.30/- per square metre. The notification under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as 'the said Act'), was published on 2nd September, 1999. The Award under Section 11 of the said Act is dated 11th December, 2002.

(3.) The Appellant relied upon a Sale Deed dated 10 th January, 2001, at exhibit 17 as well as an instance of allotment of a plot made on 17 th November, 1998 by the Goa Housing Board. The document of allotment is placed on record at exhibit 19. The Reference Court held that the Appellant has failed to discharge the burden to show that the compensation offered was inadequate and, therefore, the reference was answered in the negative against the Appellant.