LAWS(BOM)-2010-9-251

DEPUTY COLLECTOR AND S D O LAND ACQUISITION OFFICER AND EXECUTIVE ENGINEER, WORKS DIVISION-XVIII (ROADS) PWD Vs. GERMANO HERCULANO FERNANDES

Decided On September 30, 2010
Deputy Collector And S D O Land Acquisition Officer And Executive Engineer, Works Division-Xviii (Roads) Pwd Appellant
V/S
Germano Herculano Fernandes Respondents

JUDGEMENT

(1.) This is State's appeal and is directed against judgment dated 16/09/2005 of the learned Reference Court.

(2.) Several lands were acquired for the construction of approach road for a bridge across Zuari river at Sanvordem. This appeal pertains to acquisition of 39 square metres from Survey No. 60/4. The applicant (respondent, herein) was granted compensation at the rate of Rs. 120/- per square metre. This was granted on the basis of the judgment dated 5/05/2005 in Land Acquisition Case No. 62/2004 which pertained to Survey No. 60/8.

(3.) The learned Reference Court had taken note of the fact that Survey No. 60/4 is adjacent to Survey No. 60/8. As regards Survey No. 60/8, lying on the bank of river Zuari at Curchorem, the first appeals filed by both the parties have been disposed of by this Court by judgment dated 22/09/2010 in First Appeals Nos. 218 and 254 of 2005 and the award of compensation payable at the rate of Rs. 120/- per square metre with consequential statutory benefits, has been upheld.