STATE OF GOA THROUGH THE DY COLLECTOR AND SDO AND THE EXECUTIVE ENGINEER, WORKS DIVISION XVIII (R), PWD Vs. INDIRABAI VENKATESH BHAT DHAVALIKAR

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment since the challenge in both these appeals is to the judgments and awards dealing with the acquisition of the same land.

(2.) Vide notification dated 6th November, 1991 issued under Section 4 of the Land Acquisition Act ('The Act' for short) which was published in the official gazette on 7th November, 1991, the Government of Goa acquired lands of several persons for public purpose namely Ponda By-pass road. An are admeasuring 2050 square meters from Survey No. 197/3 was part of the acquired land. In the said land, the respondents in F.A. No. 241/2003 are entitled to 1/5th share; whereas the respondents in F.A. No. 242/2003 are entitled to 3/5th share. The respondents in both the appeals (hereinafter referred to as 'the claimants' for short) claimed Rs. 500/- per square meter. The Land Acquisition Officer ('The LAO') passed award dated 30th November, 1992 and fixed the market rate of the acquired land at the rate of Rs. 25/- per square meter.

(3.) The claimants sought references under Section 18 of the Act. In F.A. No. 241/2003, judgment and award dated 30th April, 2003 in Land Acquisition Case No. 88/98 is challenged. The Claimants in the said case, examined Anant Sawaikar- AW1, Bhaskar Khandeparkar, Architect-AW2. On behalf of LAO, Pundalik Tukaram Pakar- RW1 was examined.