SPECIAL LAND ACQUISITION OFFICER Vs. BERTA

JUDGEMENT

(1.) THE above appeal challenges the judgment and award dated 9/06/2003 passed in Land Acquisition Case No.44/1993, by the learned Additional District Judge, South Goa, Margao.

(2.) BY a notification issued under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as 'the said Act', dated 18/01/1990, published in the Official Gazette on 31/01/1990, land was acquired for the construction of the road from Mungul-Calata via Seraulim from Margao to Nuvem Majorda road. By an award dated 13/05/1992, the Land Acquisition Officer offered compensation at the rate of Rs.30/- per square metre for the land acquired. The land which was sought to be acquired belonging to the respondents was surveyed under no.6/2 of Seraulim village, admeasuring an area of 475 square metres. Being dissatisfied with the said amount, the respondents sought a reference under Section 18 of the said Act and claimed the compensation for the land acquired at the rate of Rs.200/- per square metre. By judgment and award dated 9/06/2003, the learned Reference Court partly allowed the said reference and fixed the market value of the land acquired at the rate of Rs.85/- per square metre. The Reference Court has also awarded compensation towards severance charges to the extent of 60% for two small pieces of land admeasuring 141 square metres and 292 square metres located on the northern side of the proposed land acquired. Besides the said amount, the learned Judge awarded statutory benefits. Being aggrieved by the said judgment, the appellants have preferred the present appeal.

(3.) HAVING heard the learned Counsel and on perusal of the records, the following points for determination arise in the present appeal: