GRACINDA BRAGANZA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Both the appeals can be taken up together as they challenge *he same impugned judgment and Award dated 15th September, 2005, passed by the learned Addl. District Judge, Fast Track Court, Mapusa in Land Acquisition Case No. 29/2000.

(2.) The parties shall be referred to in the manner as they so appear in the cause title of the impugned judgment.

(3.) By notification dated 21st August, 1997, issued under section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as the said Act*), the land of the Applicants came to be acquired for the purpose ol constructing a Lower Bank Main Canal (L.B.M.C.) of the Tillari Irrigation Project from 31.200 kms to 32.110 kms in Mapusa City of Bardez Taluka from the property surveyed under 82/2 (part). After complying with the formalities as contemplated under the said Act, by an Award passed by the Land Acquisition Officer dated 15th December, 1999, the compensation was awarded at the rate of Rs. 80/- per square metre in respect of the land acquired admeasuring an area of 1785 square metres, belonging to the applicants. The applicants being dissatisfied with the said Award, sought a reference for enhancement of compensation under section 18 of the said Act to the learned District Judge, claiming an enhancement to the tune of Rs. 2000/ - per square metre for the Land Acquired. By judgment and Award dated 15th September, 2005, the Reference Court fixed the compensation for the land acquired at the rate of Rs. 146/- per square metre besides other statutory benefits.