THE EXECUTIVE ENGINEER, WORKS DIVISION, XV, (NH) P.W. D., PONDA GOA AND LAND ACQUISITION OFFICER,P.W. D. (CELL), ALTINHO, PANAJI GOA Vs. SHRI. MAHALSA SAUSTHAN, MARDOL, PONDA GOA

JUDGEMENT

(1.) HEARD Ms. S. Linhares, learned Additional Government Advocate for the appellants and Shri Sudin Usgaonkar, Learned Counsel appearing for the respondent.

(2.) THE above appeal challenges the judgment and award passed by the Reference Court dated 12.08.2003 in Land Acquisition Case No. 32/1998.

(3.) MS . S. Linhares, learned Additional Government Advocate appearing for the appellants has assailed the impugned judgment and pointed out that the Reference Court has misappreciated the evidence on record and has come to an erroneous conclusion that the market value of the acquired land was at the rate of Rs. 109/ - per square metre. The Learned Counsel further pointed out that the sale instance produced by the respondent is not at all comparable to the land acquired and as such the reliance on the said sale instance is unjustified. The Learned Counsel has taken me through the impugned judgment and pointed out that the Reference Court has not considered that the respondent have failed to discharge the burden cast on them to establish that the amount offered by the Land Acquisition Officer was inadequate. The Learned Counsel further pointed out that the Reference Court has not considered that the land acquired was belonging to Devasthan and in view of Devasthan regulation, there were restrictions imposed not to alienate the lands belonging to them. The Learned Counsel as such submitted that the question of fixing the compensation on the basis that the land is free hold cannot be accepted. The Learned Counsel as such submitted that the impugned judgment deserves to be quashed and set aside.