STATE OF GOA Vs. FR ANTONIO FIGUEREDO

JUDGEMENT

(1.) By this appeal the appellants takes exception to the judgment and award dated 3/7/2002 passed by the Additional District Judge, Margao in Land Acquisition Case No. 35 of 1993, partly allowing the reference under Section 18 of the Land Acquisition Act, 1895 ("The Act" for short).

(2.) Vide notification dated 28/11/1986 published in Official Gazette on 15/1/1987, the Government of Goa acquired lands of several persons for public purpose namely, for construction of Sonarvado-Colledongor road in Raia. Land admeasruing 400 sq. metres bearing survey No. 85/1 of Raia village belonging to the respondents was part of the acquired land. The respondents claimed Rs. 100/ - per sq. metre. The Land Acquisition Officer made award on 24/09/1989 and granted Rs. 30/ - per sq. metres. Dissatisfied with the compensation granted, the respondents sought reference under Section 18 of the Act and claimed Rs. 400/ - per sq. metre and also claimed amount of Rs. 4000/ - in respect of the mango trees acquired.

(3.) In Land Acquisition case No. 35 of 1993, the respondents examined three witnesses namely Antonio Colaco, AW.1, who produced sale deed dated 9/4/1987 (Exhibit AW. 1/A) and the report of Valuer (AW.1/B). The respondents also examined N.T. Joseph (AW.2) who was the vendor in the sale deed (Exhibit AW.1/A) and Shri Costao Xavier Menezes, AW.3, the valuer who had prepared the report (Exhibit AW.1/B). The appellants herein did not examine any witness.