JOAOZINHO MARTINS Vs. DY COLLECTOR SDO

JUDGEMENT

(1.) The appellants herein take exception to Judgment dated 15-9-2004 of the learned Reference Court, by which their claim for enhancement of compensation, from Rs.20/- to Rs.450/- per sq. meter, has been rejected.

(2.) The parties hereto shall hereinafter be referred to in the names as they appear in the cause title of the said reference.

(3.) There is no dispute that an area of 950 sq. meters of the applicant's plot, having survey no.51/6, was acquired by the Government by virtue of first notification published under Section 4 of the Land Acquisition Act, 1894 on Gazette dated 19-3-1991, and second notification published on Gazette dated 25-5-1995, in view of Writ Petition filed by the applicants. The land was acquired for the construction of road from Sambatty to Gontonaik via Bironaik in Village Panchayat of Orlim. This portion which has been acquired is located at the extreme southern end of the property of the applicants, as shown on the plan produced by the applicants. It appears that the owners of property surveyed under no.50/6 had also got a reference made, but their reference was rejected, being Land Acquisition Case No.12/1999 against which the said owners preferred no appeal. There is no dispute that the land was acquired for the purpose of constructing a road where there was already a traditional road of a length of about 1.5 kms. In support of their case for enhancement, the applicants had placed reliance on four sale deeds, namely sale deed dated 19-7-1988 by which applicant no.3 had sold a plot of land admeasuring 175 sq. meters of survey no.51/5 at the rate of Rs.100/- per sq. meter, situated at a distance of about 25 meters from the acquired land which according to the applicants was similar to the acquired land; the applicants had also produced another sale deed dated 19-8-1987 by which their sister and mother had sold a plot of land of survey no.50/6 at the rate of Rs.100/- per sq. meter which was situated at a distance of about 200 meters from the acquired land and about 400 meters from Margao-Orlim-Cavelossim road; the applicants had also produced another sale deed dated 8-5-1992 by which a plot of land of 600 sq. meters was sold at the rate of Rs.103/- per sq. meter situated at a distance of about 500 meters from the said Margao-Cavelossim road which according to the applicants was also similar to the acquired land; the applicants had also produced another sale deed dated 15-11-1993 by which a plot of land was sold at the rate of Rs.97/- per sq. meter, situated at a distance of about 500 meters from the acquired land.