STATE OF GOA Vs. LIDIA BARBOSA

JUDGEMENT

(1.) The appellants have filed the above appeal challenging the judgment and order dated 26/06/2002, passed in Land Acquisition Case No.69/1994, by Additional District Judge, South Goa, Margao, partly allowing the reference sought by the original applicant, Smt. Lidia Barboza. By the impugned judgment and order, the compensation in respect of the acquired land has been enhanced from Rs.8/- to Rs.72/- per square meter in respect of the acquired land. The respondents have filed cross objection claiming compensation at the rate of Rs.150/- per square meter.

(2.) Vide notification issued under Section 4 of the Land Acquisition Act, 1894 ("the Act", for short) State of Goa acquired lands of several persons for public purpose. The said notification was published in the official gazette on 20/11/1986. An area of 100 square meters of Survey No.309/1, an area of 225 square meters of Survey No.309/2 and an area of 120 square meters of Survey No.309/3 belonging to the appellants- original respondents were part of the acquired land. The respondents claimed compensation at the rate of Rs.150/- per square meter. The Land Acquisition Officer made the award on 31/05/1989 and awarded Rs.8/- per square meter. Aggrieved by the inadequacy of the compensation, the original respondents sought reference under Section 18 of the Act and claimed Rs.150/- per square meter.

(3.) In Land Acquisition Case No.69/1994, the respondents/claimants examined three witnesses namely, Celina Barboza/AW1, the constituted attorney of the claimant, Jose Almeida/AW2 and Ernesto Moniz/AW3, the registered valuer and produced valuation report Exhibit AW3/A Colly. Jose Almeida/AW2 produced two sale deeds dated 25/10/1984 and 16/06/1986 (Exhibit AW2/A & Exhibit AW2/B, respectively). The appellants examined Shri S.R. Paranjape as their witness, who produced award dated 7/02/2000 passed in Land Acquisition Case No.46/1994 in which Reference Court had awarded compensation at the rate of Rs.10/- per square meter in respect of an area of 700 square meters of Survey No.342/5 of Village Raia, which was acquired by the very same notification. The Reference Court , placing reliance upon the sale deed dated 12/11/1986, which was not produced in the case, but was produced in another Land Acquisition Case No.71/1994, awarded compensation at the rate of Rs.72/- per square meter.