GOPAL ONDU GAUNS PALEM SIRIDAO Vs. DEPUTY COLLECTOR (L A ) AND LAND ACQUISITION OFFICER AND MANAGING DIRECTOR, GOA HOUSING BOARD

JUDGEMENT

(1.) Both the above appeals are taken up together as they are in respect of the same award passed by the Land Acquisition Officer as both pertain to a reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as the said Act ) claiming enhancement of compensation from the amount offered by the Land Acquisition Officer by award dated 18th February, 2003. The appellants in First Appeal No. 262/2007 are the acquiring body. The respondent is the owner of the land acquired. The appellant in First Appeal No. 25/2007 is claiming to be the tenant of the acquired land.

(2.) The above appeal challenges the judgment and award passed by the Reference Court dated 23rd April, 2007 in Land Acquisition Case No. 62/2003. The land belonging to the respondent was sought to be acquired pursuant to a notification under Section 4 of the said Act which was published in the Official Gazette dated 2nd June, 2000. The land which was acquired admeasuring an area of 65,850 square metres from the property surveyed under No. 38/1 of Curca village. By an award passed by the Land Acquisition Officer under Section 11 of the said Act dated 18th February, 2003, a compensation at the rate of Rs. 37/- per square metre was offered by the Land Acquisition Officer. Being dissatisfied with the said amount, the respondent No. 1 sought a reference under Section 18 of the said Act for enhancement of compensation and claimed a sum of Rs. 400/- per square metre for the land acquired. By judgment dated 23rd April, 2007, the Reference Court fixed the market value of the acquired land at the rate of Rs. 190.50 per square metre. Being aggrieved by the said judgment, the appellant who are acquiring body have preferred the present appeal. The respondent after being duly served has filed the cross objections and claimed the market value of the acquired land at the rate of Rs. 310/- per square metre.

(3.) The subject matter of the land acquired in the above appeal is the same as in the other appeal. But however the appellant herein claims to be a tenant of land acquired. By Judgment dated 9th November, 2006 the Reference Court in Land Acquisition Case No. 61/2003 dismissed the said reference.