STATE OF GOA Vs. SONNY CORREIA

JUDGEMENT

(1.) BY this appeal, the appellants take exception to the Judgment and Award dated 18.6.2001 passed by IInd Additional District Judge, South Goa, Margao in Land Acquisition Case No. 164/1996, partly allowing the reference under Section 18 of the Land Acquisition Act, 1894 ('the Act' for short).

(2.) VIDE notification issued under section 4 of the Act dated 21.6.1991 which was published in the official gazette dated 22.8.1991, the Government of Goa acquired the lands of several persons for public purpose namely construction of a road from Khareband to Sirvodem rice mill in Margao Town. An area admeasuring 80 square metres of the property bearing survey no. 276/14, admeasuring 1710 square metres was part of the acquired land. The respondent claimed Rs. 1000/- per square metre. The Land Acquisition Officer made an award on 13.11.1992 fixing the market value of the acquired land at Rs.20/- per square metre and also awarded Rs. 2015/- towards the value of the trees.

(3.) THE Reference Court placed reliance upon the award dated 31.3.1989 (Exh.AW1/16) by which large tracks of lands were acquired for public purpose in the close proximity of the acquired land. The Land Acquisition Officer had awarded Rs.50/- per square metre. The Reference Court held that since the acquisition in the said case was in the year 1986 the market rate of the acquired land would come to Rs.70/- per square metre after considering 10% yearly increase in the price of land. The Reference Court did not place reliance upon the two sale deeds relied upon by the respondent.