STATE OF GOA Vs. BINDIYA M VERLEKAR

JUDGEMENT

(1.) This appeal is directed against a judgment and Award dated 30th June, 2001 delivered by the Additional District Judge, Panaji allowing the reference bearing Land Acquisition Case No. 47/1998.

(2.) The respondent was the owner of the property bearing Survey No. 285/1(part) of Village Morombi-O-Grande admeasuring 595 sq. metres. The property was acquired for the purpose of a road. A notification under Section 4 of the Land Acquisition Act, 1894 was published on 1st April, 1993 and an award was made on 6th May, 1996 awarding compensation at the rate of Rs. 15/- per sq. metre. Dissatisfied with the amount of compensation granted under the award, the applicant applied to the Collector for a reference under Section 18 of the Land Acquisition Act. Accordingly, the reference was made to the District Court (hereinafter referred to as "the Reference Court"). By the impugned judgment and Award dated 30th June, 2001, the Reference Court allowed reference and awarded compensation at the rate of Rs. 150/- per sq. metre. Aggrieved by the decision of the Reference Court, the State is in appeal.

(3.) Before the Reference Court, the claimant examined her husband as witness AW.1. In his deposition, he relied upon a sale deed of a nearby plot of land dated 30th June, 1990. A photo copy of the said sale deed was produced on record. No other evidence was adduced by the claimant (respondent herein). Relying upon the sale instance as a comparable sale, the Reference Court enhanced the compensation from Rs. 15/- per sq. metre to Rs. 150/- per sq. metre.