STATE OF GOA Vs. DEV, CHANDRESHWAR BHUTNATH DEVASTHAN

JUDGEMENT

(1.) By this appeal, the appellants take exception to the judgment and award dated 24th July, 2002 passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case No. 211/1993 partly allowing the reference under Section 18 of the Land Acquisition Act ('The Act' for short).

(2.) Vide notification issued under Section 4 of the Act dated 13th February, 1990 and published in the official gazette on 5th July, 1990, the Government of Goa acquired lands for public purpose namely construction of Government College Building at Amona-Xeldem of Quepem Taluka. An area admeasuring 33950 bearing survey No. 13/0 of AmonaXeldem belonging to respondent was acquired by the said notification. The respondent claimed compensation at the rate of Rs. 60/- per square meter. The Land Acquisition Officer (LAO) made award on 24th April, 1992 and fixed the market rate of the acquired land at the rate of Rs. 19/- per square meter. The respondent sought reference under Section 18 of the Act and claimed compensation at the rate of Rs. 60/- per square meter.

(3.) In Land Acquisition Case No. 211/1993, the respondent examined Chandrakant Raut Dessai - AW1, Special Power of Attorney of the respondent and Vikas Dessai-AW2- the valuer. The respondent placed reliance upon three sale deeds dated 1st March, 1989 exhibit AW1/B, sale deed dated 29th December, 1989 exhibit AW1/C and 9th January, 1989-AW1/D, valuation report of the valuer exhibit AW1/E and also award of LAO in case No. 16/1/84-85 exhibit AW1/F. The respondent also placed reliance upon the report of the expert, which was prepared in the year 1996. The appellants did not lead any evidence.