DEPUTY COLLECTOR (L A ) AND LAND ACQUISITION OFFICER AND EXECUTIVE ENGINEER, WORKS DIVISION XXIII, P W D Vs. ANTONIO VIEIRA VELHO

JUDGEMENT

(1.) This appeal and cross objections by the State and the original claimants respectively are directed against the judgment and order dated 4th September, 2000 passed by the learned District Judge, Panaji, in Land Acquisition Case No. 105/1994.

(2.) The respondents in appeal (hereinafter referred to as 'the claimants') are the owners of the land bearing survey No. 38 of village Penha Bardez Taluka situated in North Goa, District of State of Goa. An area of 4575 square metres of the land out of survey No. 38 was proposed to be acquired for the purpose of State Assembly complex and the notification under Section 4 under the Land Acquisition Act, 1894 was issued on 19th August, 1993. The acquisition proceedings were conducted expeditiously and award was passed on 28th April, 1994 and the possession of the land was also taken on or about 25th August, 1994. By the award, the Land Acquisition Officer determined the compensation payable to the claimants at the rate of Rs. 200/- per square metre for the acquired land. Aggrieved by the amount of compensation awarded by the Land Acquisition Officer, the claimants requested the Collector to make a reference under Section 18 of the Land Acquisition Act. Accordingly, the reference was made to the District Court (hereinafter referred to as the Reference Court). By the judgment and award dated 4th September, 2000, the Reference Court enhanced the amount of a compensation from Rs. 200/- to Rs. 275/- per square metre. Aggrieved by the increase in the amount of a compensation, the State has filed this appeal. Aggrieved by the limited increase in the amount of a compensation granted by the Reference Court to the extent of Rs. 275/- as against Rs. 2000/- per square metre claimed by them, the claimants have filed the cross objections.

(3.) Before the Reference Court, the claimants examined Mr. Joe Velho (AW1) who is the respondent No. 1(a) and the son of original co-owner. The claimants also examined Mr. A.V. Radhakrishna, Executive Engineer of the Housing Board, Porvorim. The claimants produced on record the certified copies of three sale deeds, all dated 18th February, 1990 executed by Joe Velho himself as a Power of Attorney holder of his parents in respect of all three plots situated in the adjoining land bearing survey No. 35. He also relied upon an auction sale of three plots held by the Housing Board, Porvorim. The State did not examine any witness nor did it produce any documentary evidence. After considering the evidence adduced by the claimants, the Reference Court came to the conclusion that the market value of the acquired land was Rs. 275/- per square metre on the date of the notification under Section 4 of the Land Acquisition Act. The Reference Court accordingly enhanced the compensation to Rs. 275/-per square metre.