SPECIAL LAND ACQUISITION OFFICER Vs. JOSE ORTENSE DSOUZA

JUDGEMENT

(1.) By this appeal, the appellants take exception to the judgment and order dated 18th September, 2002 passed by the IInd Additional District Judge, Panaji in Land Acquisition Case No. 32/1995 partly allowing the reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act' for short).

(2.) Vide notification published under Section 4(1) of the Act in the official gazette dated 20th July, 1991, the appellants acquired lands for construction of B. G. Line between Roha and Mangalore. An area of 10,921 square meters belonging to the respondents was part of the acquired land. The respondents claimed compensation at Rs.300/- per square meter. By award dated 18th January, 1994, the Special Land Acquisition Officer (the SLAO) awarded Rs.16/- per square meter in respect of the acquired land and Rs.24,108/- in respect of the structures existing in the acquired land. The compensation of Rs.5676.97 was awarded for the trees existing in the acquired land.

(3.) Aggrieved by the inadequacy of the compensation granted, the respondents sought reference and claimed compensation of Rs.300/- per square meter and also claimed higher compensation in respect of the compound wall, structures and trees existing in the property in Land Acquisition Case No.32/1995. The respondents have examined two witnesses namely Especiosa D' Souza AW1 and Subhash Chandra Bhobe- AW2 - an Architect. The applicants produced two sale deeds dated 21st April, 1993 by which an area of 980 square meters was sold @ Rs.59/- per square meter. The said property was about 1 Kilometer away from the acquired land. The respondents also relied upon the sale deed dated 7th February, 1991 by which two properties bearing separate survey numbers were sold by the said sale deed. An area admeasuring 2140 square meters bearing survey no.97/1-A with a house thereon was sold for Rs.4,12,500/- and another plot admeasuring 350 square meters bearing survey no.106/8 was sold for Rs.17,500/-. The learned Reference Court placed reliance upon the sale deed dated 7th February, 1991, more particularly the sale in respect of 350 square meters of land and after deducting 50%, awarded Rs.25/- per square meter in respect of the acquired land. The other claims were rejected by the Reference Court. Aggrieved by the compensation granted in favour of the respondents, the appellants have filed the present appeal.