SPECIAL LAND ACQUISITION OFFICER SALAULIM IRRIGATION PROJECT Vs. EXECUTIVE ENGINEER WORKS DIVISION VI R B P W D

JUDGEMENT

(1.) The Appellants have taken an exception to the judgment and award dated 8th April, 2009 passed by the learned District Judge in a reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as 'the said Act' ).

(2.) The Notification under Section 4(1) of the said Act was published in the Official Gazette on 10th March, 2005. The land was notified for public purpose of the construction of Nangillo-Masconi road in Cuncolim Village of Salcete Taluka. The acquisition relates to the land admeasuring 91 square metres out of the land surveyed under survey No. 355/3 ( part ), land admeasuring 235 square metres surveyed under survey No. 266/25 (part ), land admeasuring 1125 square metres surveyed under survey No. 267/4 ( part ) and land admeasuring 917 square metres surveyed under survey No. 267/3 ( part ). By an award under Section 11 of the said Act, the market value was offered at the rate of Rs.100/- per square metre. In the reference, the claim made by the Respondents ( original Applicants ) was for the market value at the rate of Rs.714/- per square metre.

(3.) By the impugned judgment and award , the learned Reference Court enhanced the market value of the acquired land at Rs.357/- per square metre except the land surveyed under survey No. 355/3 for which the market value was fixed at Rs. 285/- per square metre. There is a cross objection filed by the Respondents ( original Applicants ).