LAND ACQUISITION OFFICER Vs. MANUEL DA HORTA ROBEIRO

JUDGEMENT

(1.) BY this appeal, the appellants take exception to the judgment and award dated 9th December, 2002 passed by Additional District Judge, Panaji in LAC No.26/1998 partly allowing the reference filed under Section 18 of the Land Acquisition Act ('The Act' for short).

(2.) VIDE notification issued under Section 4 of the Act, which was published in official gazette dated 30th November, 1992, an area of 160 square meters from the Survey No.58/6 belonging to the respondents, was acquired by the government for public purpose i.e. for widening of Old Goa-Pilar road. The respondents/ claimants claimed compensation @ Rs.100/- per square meter. They also claimed compensation of Rs.1,35,261/- in respect of the compound wall, which according to the claimants was demolished at the time of acquisition. The Land Acquisition Officer awarded Rs.30/- per square meter in respect of the acquired land and did not grant any compensation in respect of the compound wall. Dissatisfied with the Award passed by the Land Acquisition Officer granting compensation @ Rs.30/- per square meter, the respondents sought reference under Section 18 of the Act and claimed compensation @ Rs.100/- per square meter in respect of the acquired land and Rs.1,35,261/- towards the expenses incurred for construction of the retention wall/ compound wall.

(3.) MS. Linhares, learned Additional Government Advocate appearing for the appellants submitted that the Reference Court after rejecting the evidence of two witnesses ought not to have granted compensation in respect of the retention wall, which was alleged to have been demolished by the appellants in the absence of any evidence to that effect. She further submitted that the amount of Rs.20,000/- has not been arrived at on any rational basis.