GOA INDUSTRIAL DEVELOPMENT CORPORATION THROUGH ITS DY. CHIEF EXECUTIVE OFFICER Vs. COMUNIDADE OF NAGOA, THROUGH THE ADMINISTRATOR, OF COMUNIDADES THROUGH ITS ATTORNEY, SHRI ANTONIO BERNARDO FRANCISCO PEREIRA AND DY. COLLECTOR AND S.D.O. AND L.A.O.

JUDGEMENT

(1.) The above appeal challenges the judgment and award dated 11.10.2007 passed by the learned District Judge, South Goa, Margao in Land Acquisition Case No. 74/2000.

(2.) By Notification published under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) on 29.4.1988 different portions of the property belonging to Respondents were intended to be acquired by the Appellants for the benefit of the Appellants for setting up an Industrial Estate at Verna Plateau. The areas which were sought to be acquired from the property surveyed under No. 27/1 was 2750 sq. metres, under survey No. 30 different portions having an area of 10,500 sq. metres, 58,070 sq. metres, 70,844 sq. metres, 84,666 sq. metres, 3,325 sq. metres and 1,02,495 sq. metres. In respect of the property bearing survey No. 34, the areas sought to be acquired were admeasuring 19,710 sq. metres and 8,590 sq. metres and with regard to the property surveyed under No. 40 an area of 7,100 sq. metres and 6,150 sq. metres were to be acquired. After complying with the formalities under the said Act, the Land Acquisition Officer (LAO for short) passed an award under Section 11 of the said Act and fixed the compensation in respect of the property surveyed under No. 27/1 admeasuring 2750 at the rate of Rs. 5/- per sq. metre, property surveyed under No. 30 area admeasuring 10,500 sq. metres at the rate of Rs. 3/- per sq. metre, area admeasuring 58,070 sq. metres at the rate of Rs. 8/- per sq. metre area admeasuring 70,844 sq. metres at the rate of Rs. 7/- per sq. metre area admeasuring 84,666 sq. metres at the rate of Rs. 6/- per sq. metre area admeasuring 3,325 sq. metres at the rate of Rs. 5/- per sq. metre area admeasuring 1,02,495 sq. metres at the rate of Rs. 2/- per sq. metre. In respect of property surveyed under No. 34 the compensation awarded for any area of 19,710 sq, metres was at the rate of Rs. 4/- per sq. metre and area admeasuring 8,590 sq. metres at the rate of Rs. 2/- per sq. metre and in respect of survey No. 40 the compensation awarded for an area admeasuring 7,100 sq. metres was at the rate of Rs. 4/- per sq. metre and for an area admeasuring 6,150 sq. metres at the rate of Rs. 3/- per sq. metre. Besides the said amount, the LAO also awarded a sum of Rs. 3,033/- for the structures existing therein and a sum of Rs. 12,213 on account of the trees standing in the property bearing survey No. 30.

(3.) Being dissatisfied with the amount awarded as per the said award, the Respondent No. 1 sought a reference under Section 18 of the said Act and claimed a sum of Rs. 200/- per sq. metre towards the land acquired and further sum of Rs. 2,23,596/- for the trees and a sum of Rs. 21,231/- towards the structure existing therein.