STATE OF GOA Vs. SHANKAR D NADKARNI

JUDGEMENT

(1.) Heard Mr. S. Vahidulla, learned Government Advocate for the Appellants and Mr. V.A. Lawande, learned counsel appearing for the Respondent.

(2.) Vide Notification issued under Section 4 of the Land Acquisition Act ("The Act" for short) , which was published on Official Gazette on 9.2.1989 the State Government acquired lands of several persons for public purpose. An area admeasuring 894 sq.metres bearing survey nos.154/1,154/13,154/3 and 30/0 of Sanguem village belonging to the respondent was part of the acquired land. The Respondent claimed compensation at the rate of Rs.50/- per sq.metre. The Land Acquisition Officer made the award on 23.6.1992 and awarded compensation at the rate of Rs.4/- per sq.mtre. Aggrieved by the award, the Respondent sought reference under Section 18 of the Said Act and claimed Rs.50/- per sq.metre.

(3.) In Land Acquisition Case No.290/93, the Respondent examined himself and produced copy of the award passed by the Land Acquisition Officer dated 17.2.1981 Exhibit AW.1/A, by which an area of 22 sq.metres bearing survey no.30/0 was acquired at the rate of Rs.25/- per sq.metre. In the said case, Notification under Section 4 of the Act was published on 28.6.1979. The Respondent also relied upon two sale deeds i.e. sale deed dated 14.7.1988 (Exhibit Aw1/B) and sale deed dated 1.5.1987 exhibit (AW.1/C), by which two plots were sold at a distance of about one and half km. from the acquired land. The Appellant herein did not lead any evidence. The Reference Court placed reliance upon the sale deed dated 14.7.1988 on the ground that it was proximate in point of time and after deducting 40 % from the said price of Rs. 50/- arrived at compensation of Rs.31/- per sq.metre. Aggrieved by the award, the appellants have filed the present appeal.