LAWS(BOM)-2010-10-293

AGRAWAL MINERALS (GOA) PVT LTD Vs. DEPUTY COLLECTOR (DEV) AND LAND ACQUISITION OFFICER AND CHIEF TOWN PLANNER, TOWN AND COUNTRY PLANNING DEPARTMENT

Decided On October 15, 2010
Agrawal Minerals (Goa) Pvt Ltd Appellant
V/S
Deputy Collector (Dev) And Land Acquisition Officer And Chief Town Planner, Town And Country Planning Department Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) These two cross appeals are directed against the judgment and award dated 30th April, 2001 passed by the learned Additional District Judge, North Goa, Panaji, in Land Acquisition Case No. 175/90. For the sake of convenience the appellant in First Appeal No. 145 of 2001 is hereinafter referred to as the appellant.

(3.) By a notification published in the Official Gazette dated 18th February, 1982 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the said Act') the land of the Appellants was acquired for the purpose of parks, recreational and other development of the area of Miramar. The Land Acquisition Officer awarded a compensation at the rate of Rs. 150/- per square metre. Being dissatisfied with the amount of compensation awarded by the Land Acquisition Officer, the Appellants requested the Collector to make a reference under Section 18 of the Land Acquisition Act. Accordingly, the Collector referred the matter to the District Court. By the impugned judgment and award dated 30th April, 2001 the District Court enhanced the compensation and fixed it at Rs. 192/- per square metre.