SPECIAL LAND ACQUISITION OFFICER AND CHIEF ENGINEER, KONKAN RAILWAY CORPORATION LTD Vs. MAHADEV RAGHUVIR PRABHUDESSAI

JUDGEMENT

(1.) Heard Shri Afonso, the learned Counsel on behalf of the appellant. These appeals arise from judgments dated 5/02/2004 of the learned Reference Court in Land Acquisition Nos. 446/95 and 443/95, respectively.

(2.) The land covered in Land Acquisition No. 446/95 is 20650 square metres of Survey No. 83/4, 83/6, 84/1 and 78/19 of Loliem Village. The land covered in Land Acquisition Case No. 443/95 is 950 square metres of Survey No. 83/5 of the same village. The lands were covered by the same notification published on Gazette dated 27/06/1991 and were acquired for the construction of the new broad gauge line for the Konkan Railway. In both the cases, the Land Acquisition Officer by award dated 31/03/1994 has awarded compensation at the rate of 4/- per square metre. The learned Reference Court in Land Acquisition Case No. 446/95 has enhanced the compensation from 4/- to 25/- per square metre and in Land Acquisition Case No. 443/95 from 4/- to 21/- per square metre.

(3.) This Court in First Appeal No. 42/2005 by judgment dated 6/10/2010 in the case of Smt. Shrimati Vishwanath Acharya (since deceased by her legal representative) Madhav Vishwanath Acharya v. Special Land Acquisition Officer and Anr., has enhanced the compensation from 4/- per square metre to 21/- per square metre in respect of Survey No. 180/1 and 172/1 of Loliem Village in Canacona Taluka, also acquired for the same purpose and by virtue of the same notification published on Gazette dated 27/06/1991. In fixing the said compensation, this Court has excluded the amount received by the applicants as the value of the trees which was paid to the applicants.