STATE OF GOA Vs. SURESH L NAIK CHOPDEKAR

JUDGEMENT

(1.) This Appeal challenges the Judgment and Award dated 29.1.2000 passed by the Reference Court in Land Acquisition Case No.34/1986 by which Judgment and Award the Reference application filed by the Respondent herein came to be partly allowed and the rate of compensation fixed was enhanced to Rs.240/- per square metre and consequently the statutory allowances were directed to be paid on the said market rate.

(2.) The land in question which was owned by the Respondent herein i.e. the Applicant before the Reference Court was notified for the purpose of widening the curve road opposite PDA office at Patto, Panaji Goa. The area notified was 100 square metres. The Notification under Section 4 of the Land Acquisition Act was published in the Official Gazette on 1.11.1983. Thereafter, an Award came to be passed under Section 11 of the said Act and compensation awarded was Rs.100/-per square metre. The Respondent herein accepted the said compensation under protest but dissatisfied with the same had filed an application for reference being made to the Court. The Collector accordingly made a reference which came to be numbered as LAC No.34/86. Since the Respondent - Claimant claimed an amount of enhancement to the extent of Rs. 1,000/- per square metre, the Reference Court framed the following issue: -

(3.) In support of his case, the Applicant examined four witnesses i.e. himself as AW1, one Ankush R. Naik AW2, one Barnadino de Souza AW3 and one P. N. Kaisare AW4. The Respondent relied upon documents namely Mortgage Deed which was numbered as Exhibit PW1/A, Sale Deed at Exhibit RW1/ B, Agreement dated 2.5.1983 at Exhibit AW2/ A. It would be relevant to note that the land in question which was the subject matter of the acquisition is the part of the plot of land wherein the building Sapna Hotel is situated. The said hotel belongs to the Applicant. The area which was to be acquired was used for parking cars. It would also be relevant to note that all the amenities like, water, electricity, telephone, were available and the said acquired land falls within the Municipal area close to the Kadamba Bus Stand and the other amenities like church, temple, post office are also within the vicinity. It is on the said basis the claimant sought for enhancement of the compensation to the extent of Rs.1000/- per square metre.