SPECIAL LAND ACQUISITION OFFICER AND EXECUTIVE ENGINEER Vs. CONFIRE DE MONTE PEIDADE OF HOLY SPIRIT CHURCH

JUDGEMENT

(1.) By this appeal, the appellants take exception to the judgment and award dated 26th February, 2003 passed by Additional District Judge, Margao in Land Acquisition Case No. 307/1992 partly allowing the reference under Section 18 of the Land Acquisition Act ('The Act' for short).

(2.) Vide notification dated 23rd August, 1989 issued under Section 4 of the Act, which was published in Official Gazette dated 12th October, 1989, the Government of Goa acquired lands of several persons for public purpose namely improvement of black topping of Duguem-Botlem road at Nuvem. An area of 875 square meters from survey no,.189/2 admeasuring 12000 square meters belonging to the respondent was part of the acquired land. The respondent claimed compensation at the rate of Rs. 50/- per square meter and claimed Rs. 16,500/- towards 11 coconut trees existing in the acquired land. The Land Acquisition Officer (The LAO) awarded Rs. 20/- per square meter. The respondent sought reference under Section 18 of the Act and claimed Rs. 50/- per square meter and claimed compensation of Rs. 16,500/- for the trees.

(3.) In Land Acquisition Case No. 307/1992, the respondent examined three witnesses namely Vincence D'Silva- AW1- Attorney of the respondent, George Goes -AW2 - owner of the adjoining land whose land was also acquired by the same notification and Earnest Moniz-AW3 - expert. The appellants herein examined one witness -Mr. P. P. Raikar. The respondent placed reliance upon sale deed dated 3rd March, 1981 exhibit AW1/B, sale deed dated 6th August, 1982 exhibit AW1/C, sale deed dated 23rd January, 1990 exhibit AW1/D and award of LAO in case No. 16/68/87-88 exhibit AW1/E by which compensation at the rate of Rs. 40/per square meter was awarded in respect of the land at a distance of about 200 meters. The respondent also placed reliance upon the award dated 16th February, 2000 exhibit AW1/F whereunder George Goes was awarded compensation at the rate of Rs. 52/- per square meter. The Reference Court placed reliance upon the award dated 16th February, 2000 and granted compensation at Rs. 52/- per square meter and Rs. 16,300/- towards 11 coconut trees.