GENERAL MANAGER Vs. GOVIND G. DESSAI

JUDGEMENT

(1.) THIS Appeal arises out of an award made in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act).

(2.) THE land subject matter of the acquisition is surveyed under survey No. 85/1 admeasuring 14100 square metres situated at Village of Cacora, Quepem Taluka. The acquisition was for the purpose of expansion of industrial estate at Cacora. A Notification under Section 4(1) of the said Act was published on 26th August, 1993. The compensation was offered by the Land Acquisition Officer at the rate of Rs.20/- per square metre. The claim made in a reference at the instance of the first Respondent was at the rate of Rs.100/- per square metre. The Appellant is the acquiring body and the second Respondent is the Dy. Collector. By the impugned judgment and award, the market value was fixed at the rate of Rs.77/- per square metre and the other statutory benefits were also granted. The Appellant acquiring body being aggrieved by the said award has preferred this Appeal. There is a cross objection filed by the first Respondent claiming enhancement in the market value. The claim made in the cross objection is for the market value at the rate of Rs.140/- per square metre.

(3.) I have carefully considered the submissions. The relevant date for determination of compensation is 26th August, 1993. The area of the acquired land is 14,100 square metres. It will be necessary to consider the evidence adduced by the parties. The first Respondent examined his nephew who is his Constituted Attorney. The constituted attorney of the first Respondent referred to the compromise arrived at in a reference under Section 30 of the said Act and it was agreed that the entire compensation in respect of the land was payable to the first Respondent. He stated that a part of the same property was acquired for the industrial estate at Cacora in the year 1979. He stated that there was a housing colony across the road going from Curchorem to Sanguem consisting of more than 100 houses. He stated that Curchorem town is just 2 kms away from the acquired land. He stated that the acquired land had all the facilities such as electricity, water, telecommunication etc. He relied upon the sale deed dated 18th September, 1991 (Exhibit AW1/B) and stated that the land subject matter of the said sale deed was at a distance less than km away from the acquired land. He stated that the sale deed plot was identical to the acquired land. He relied upon another sale deed dated 14th February, 1992 ( Exhibit AW1/C) and stated that the sale deed plot was at a distance of about 1.5 km away from the acquired land and the rate reflected from the said sale deed is Rs.200/- per square metre. He stated that the sale deed plot is similar to the acquired land. He himself stated that the plot was out of a developed sub-divided property. Lastly, he relied upon the sale deed dated 25th October, 1991 (Exhibit AW1/D) and stated that the sale deed plot was located at a distance of about km away from the acquired land and the sale deed plot was a bharad land which was identical to the acquired land.