COMUNIDADE OF CORTALIM Vs. SPECIAL LAND ACQUISITION OFFICER AND CHIEF ENGINEER, KONKAN RAILAY CORPORATION LTD

JUDGEMENT

(1.) We have heard learned Counsel appearing for respective parties.

(2.) The notification under Section 4 of the said Act was issued on 27.9.1994. The Special Land Acquisition Officer, after following procedure laid down under the said Act, passed an award under Section 11 of the said Act. There is no dispute among the parties regarding area acquired, i.e to the extent of 13410 square metres from the land surveyed under No. 'W' situated at village Cortalim Goa. The purpose for acquisition of land by the acquiring body was for laying out track for broad guage railway i.e for Konkan railway. The Land Acquisition Officer while passing the award determine the market price at Rs. 2/- per square metre. The Appellant in First Appeal No. 155/2005 hereinafter referred to as the claimant, was not satisfied with the amount offered by the Special Land Acquisition Officer. The claimant therefore undisputedly applied for enhancement of the market value under Section 18 of the said Act. The said application, was made over to learned II Ird Additional District Judge, South Goa Margao which was registered as Land Acquisition Case No. 514/1995.

(3.) Counsel appearing for the Appellant/claimant points out the findings of the Reference Court. According to him the previous judgment copy of which is on record is not properly considered by the Reference Court while determining the market price. According to him previous award bearing No. 99/42/L.A.85-86 was passed on 28.2.1989. Apart from this previous award counsel appearing for the Appellant/claimant drew our attention to the copy of the sale deed dated 1.10.1986. There the land to the extent of 325 square metres, was sold at Rs. 95/-per square metre. Another sale deed, is also pointed out to us by the learned Counsel appearing for the Appellant/claimant, which is sale deed dated 23.4.1991. The land under the sale deed dated 23.4.1991 appears to have been sold by the seller at Rs. 200/- per square metre.