COMMUNIDADE OF NAGOA Vs. DEPUTY COLLECTOR L A

JUDGEMENT

(1.) All the above Appeals are taken up together for final disposal in view of the Order passed by this Court to hear the Appeals together as they pertain to an acquisition of land by the same Notification. The parties shall be referred to as they so appear in the impugned Judgment.

(2.) The Appellants in First Appeal no. 345/2003 are the Applicants in the impugned Judgment. The Appellants in First Appeal no. 10/2004 are the Respondents in the impugned Judgment.

(3.) Both the above Appeals challenge the Judgment and Award dated 8th August, 2003, passed by the learned District Judge, South Goa, Margao, in Land Acquisition Case no. 125/1997. By Notification dated 17th August, 1993, published in Official Gazette dated 6th January, 1994, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'said Act') the Respondents acquired the land belonging to the Applicants for the construction of Verna-Rassaim road (Part I). An area admeasuring 14,950 square metres from the property surveyed under no. 33/part of Village Nagoa was acquired for the said purpose. The Land Acquisition Officer, by an Award under Section 11 of the said Act, dated 10th October, 1996, awarded compensation for the land acquired at the rate of Rs.5/- per square metre in respect of rocky land and Rs.10/- per square metre for tenanted paddy field and Rs.20/- per square metre for the cashew land. Being dissatisfied with the said amount, the Applicants preferred a reference under Section 18 of the said Act for enhancement of compensation and claimed a compensation to the tune of Rs.150/- per square metre. By the impugned Judgment and Award dated 8th August, 2003, the learned District Judge, South Goa, Margao, partly allowed the reference and the compensation was uniformly enhanced to Rs.25/- per square metre for the land acquired besides statutory benefits.