ATTORNEY OF FABRICA OF RAIA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) THE appellant, who is the original claimant has taken an exception to the judgment and award dated 4th April, 2005 passed by the learned District Judge, South Goa at Margao in Land Acquisition Case No.9 of 1995.

(2.) THE acquisition is in respect of the land surveyed under Survey No.196/1 admeasuring 30,000 square meters situated at Sonsodo, village Raia, Salcete Taluka. THE notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the said Act') was published on 4th February, 1993. THE acquisition was for garbage dumping yard. THE Land Acquisition Officer by an award under Section 11 of the said Act offered market value at the rate of Rs.4/- per square meter apart from the value of the trees. In the application under Section 18 of the said Act, the appellant claimed the market value at the rate of Rs.400/- per square meter. By the impugned judgment and award, the market value has been fixed at the rate of Rs.16/- per square meter.

(3.) WE have given careful consideration to the submissions. The appellant examined Mr. Ferdinand Esteves, the attorney of the appellant. It must be noted that the purpose of the acquisition is dumping yard at Sonsode. The area of the acquired land is 30,000 square meters. The witness Ferdinand stated that only a part of the entire property surveyed under Survey No.196/1 has been acquired. He pointed out that the acquired portion is in the middle of the property. He stated that the acquired portion was a leveled and barren land. He stated that the acquired land was situated at a distance of 4 Km from Margao city. He stated that the land surveyed under Survey No.194/1 developed by Valmiki Faleiro is at a distance of 200 meters from the acquired land. He stated that on the said developed land, a residential colony has come up. According to the witness, Manovikas High School is at a distance of 200 meters from the acquired land and veterinary hospital is at a distance of 300 meters. He stated that even before publication of notification under Section 4 of the said Act, electricity, telephone and water connection facility was available in the area. He stated that there was a public road abutting the property of the appellant and there is regular transport facility available. The witness stated that the land subject matter of sale deed dated 15th June 1990 at exhibit AW1/A was situated at a distance of 200 meters from the acquired land. He stated that the land subject matter of Award at exhibit AW1/C was at a distance of 200 meters from the acquired land. He stated that the said land is closer to Margao. He stated that even land subject matter of sale deed at exhibit AW1/D was at a distance of 200 meters from the acquired land and nature of the land subject matter of the sale deed was the same as the acquired land. In the cross-examination, he admitted that on the southern side of the road abutting the land held by the appellant, garbage was being dumped. He stated that as objection was raised to dumping of garbage on the said land on the other side of the road, acquisition of the acquired land was initiated. In the cross-examination, he could not disclose the expenditure incurred by Valmiki Faleiro on the development of land surveyed under Survey No.194/1. He admitted that there were no residential houses in the entire property of the appellant and there was no water, electricity and telephone facility available to the property. He admitted that the sale deeds at exhibit AW1/A, AW1/D, AW1/E, AW1/F and AW1/G were in respect of subdivided and levelled plots on which houses have been constructed upon. He stated that all facilities like water, electricity, telephone etc. are available to the said subdivided plots. The witness admitted that he was not aware about the nature, length and width of the land subject matter of award at exhibit AW1/C.