LEONOR SERUCA DE QUADROS Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal is from the Award and Order of the Reference Court i.e. The Addl. District Judge, South Goa Margao dated 7th July, 1988 in Land Acquisition Case No.283/81. By the impugned order the Reference Court partly allowed the Reference from the Award of the Land Acquisition Officer dated 23 3 1976 and enhanced compensation from Re.1/ granted by the Land Acquisition Officer to Rs.3/ per square metre in respect of an area of 5729 sq. metres but rejected the claim for compensation for the additional area of 3971 square metres . It is this order of the Reference Court refusing to grant any compensation for the additional area of 3971 square metres that is basically under challenge in this appeal. Also under challenge is the quantum of compensation payable in respect of 5729 sq.metres . The appellants had bifurcated the claim and had demanded Rs.25/ per square metre in respect of an area of 1500 sq. metres of plain land and Rs.10/ per sq. metre in respect of 4729 sq. metres (hilly area). The Land Acquisition Officer however granted Rs.3/ per sq. metre for the entire area of 5729 sq. metres irrespective of the nature of the land. However the matter was settled before the Lok Adalat on 7th March, 1998 and the appellants accepted Rs.4.50 per sq. metre as compensation for the entire area of 5729 sq. metres .

(2.) THE brief facts leading to the filing of the appeal are as follows : The appellants claim to be absolute owners of the property/land known as " Novellem Bhat " or " Parte do Palmar Novo (4/6)" situated at Cortalim and described in the Land Registration Officer of Judicial Division of Salcete and under No.10134 of Book B 26 new and bearing Matriz Predial No.386 and 387 in the Taluka Revenue Office of Mormugao , Vasco da Gama and bounded as under : North Zuari River; South Property of Fr.Pedro Alcatara do Quadros ; East Zuari River; West Top of the hill and the Adicao Matriz No.387. The said appellants claim to be owners of the suit property by succession from their late father Miguel Quadros who died in 1953 and as per the reality and relative documents of title and registration and matriz , the whole property is shown as property No.10314. Out of this property an area of 187.60 sq.metres out of Matriz No.387 was acquired by the Portuguese Government in 1945 for construction of a square for parking of motor vehicles near the ferry wharf of Cortalim for which compensation was paid at Re.1/ per sq. metre . Forty years ago the Government also acquired another part of the property of the said Matriz No.386 for the purpose of Ticket Station and Police Post.

(3.) THEREAFTER by Notification No.PWD/LA/1258/18/71 dated 5.3.1971 under Section 4 of the Land Acquisition Act 1894 published in the Government Gazette on 18.3.1971 the said land was notified for acquisition. An area of 9412.43 sq. metres out of Plot No.30 of the Appellants property No.10314 Matriz No.387 was notified for approach road for the Zuari bridge Part I. Thereafter declaration under Section 6 dated 20.2.1972 by Notification No.PWD/LA/1258/6/72 was published in the Official Gazette dated 9.3.1972 in respect of the said Plot No.30 shown admeasuring 5729 sq. metres and bounded as follows : east by the public road, north Zuari river, south property of Elisbao Milco Pereira. Notices under Section 9 were issued by the Land Acquisition Officer and the Appellants filed replies raising objections on 11 7 1972 under Section 9 of the said Act.