AJIT RAJARAM KANTAK Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) The Appeal challenges the Judgment and Award dated 16th November, 2006, passed by the learned District Judge-2, North Goa, Panaji, in Land Acquisition Case no. 35/1997, whereby the reference under Section 18 of the Land Acquisition Act preferred by the Appellant, came to be partly allowed.

(2.) By a Notification under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as 'the said Act'), bearing no.22/154/93-RD dated 3rd January, 1994, the land of the Appellant situated at Miramar, Panaji, came to be acquired for "Tented Accommodation for Tourists", admeasuring an area of 4267 square metres. By an Award of the Land Acquisition Officer dated 22 nd April, 1996, the compensation was fixed at the rate of Rs.210/- per square metre besides a sum of Rs.78,800/- towards trees existing in the acquired land and a sum of Rs.39,886/- for the structure of a platform located in the portion of the property surveyed under Chalta no. 1-A of P. T. no. 118. Being dissatisfied with the said compensation, the Appellant sought a reference under Section 18 of the Land Acquisition Act, claiming compensation of Rs.3,000/- per square metre for the land acquired besides Rs.78,800/- for the structure and Rs.15,000/- for the trees. Apart from that, the Appellant has also claimed compensation on account of severance in respect of the portion of the land admeasuring 200 square metres. After recording of evidence and hearing the parties, the Reference Court by the impugned Judgment dated 16th November, 2006, partly allowed the said reference and awarded a compensation for severance at the rate of Rs. 34/- per square metre and rejected the remaining claim put forward by the Appellant.

(3.) Being aggrieved by the said Judgment and Award, the Appellant has preferred the present Appeal.