SPECIAL LAND ACQUISITION OFFICER Vs. CECELIA NORONHA

JUDGEMENT

(1.) By this appeal, the appellants take exception to the judgment and award dated 18-12-2002 passed by the Additional District Judge, South Goa, Margao, in Land Acquisition Case No. 32 of 1993, 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 said Act which was published in the Official Gazette on 31-1-1990, lands of several persons were acquired for public purpose. An area admeasuring 300 sq.metres bearing Survey No. 25/2 of village Seraulim belonging to the respondents was part of the acquired land. The respondents claimed compensation at the rate of Rs. 60/- per sq.metre. The Land Acquisition Officer made award and granted Rs. 30/- per sq.metre. Aggrieved by the said award, the respondents sought reference under section 18 of the said Act and claimed Rs. 60/- per sq.metre.

(3.) In Land Acquisition Case No. 32 of 1993, the respondents/claimants examined Damaciano Costa Noronha, AW.l, Vikas Dessai, AW.2, Government Valuer and Bosco Cotta, AW-3- The claimants produced two sale deeds, namely sale deed dated 11-5-1989 between Arlin Cota and Robert Alvares by which an area admeasuring 4000 sq.metres was sold at the rate of Rs. 75/- per sq.metre. The claimants also relied upon sale deed dated 25-9-1989 executed between Luis Coutinho and Ulhas Lotlikar by which an area of 200 metres was sold at the rate of Rs. 210/- per sq.metre. The appellants also relied upon report prepared by the expert (Exhibit AW.l/C). The claimants also produced deed of rectification dated 9-4-1990 whereby the sale deed dated 11-5-1989 was rectified. The Reference Court placed reliance upon sale deed dated 11-5-1989 (Exhibit AW.l/A) which was at a distance of about 15 to 20 metres from the acquired land and fixed the market rate of the acquired land at Rs. 60/- per sq.metre.