STATE OF GOA, THROUGH THE SP. LAND ACQUISITION OFFICER, (SIP), GOGOL, MARGAO AND THE EXECUTIVE ENGINEER, WORKS DIVISION XXIV, P.W.D., BORDA, MARGAO Vs. ALBINO SANTANO COSME VALES, AND HIS WIFE AND OTHERS

JUDGEMENT

(1.) BY this appeal, the appellants take exception to the Judgment and Award dated 29.4.2002 passed by the IInd Additional District Judge, South Goa, Margao in Land Acquisition Case No. 302/92, partly allowing the reference under Section of the Land Acquisition Act ("the Act" for short).

(2.) BY notification under Section of the Act, which was published on 1st February, 1989, the Government of Goa expressed its intention to acquire land admeasuring 2575 sq. metres belonging to the respondents bearing Survey No. 58/3 of Dabolim Village of Mormugao Taluka, for the public purpose of laying water pipe line and construction of service road from Cuelim to Vasco. The said area was reduced to 1275 sq. metres at the time of publication of notification under Section of the Act. The respondents claimed compensation at the rate of Rs. 300/ - per sq. metre and also claimed compensation for compound wall. The Land Acquisition Officer, by his award dated 15.1.92, awarded Rs. 6/ - per sq. metre. Dissatisfied with the award, the respondents sought reference and claimed Rs. 300/ - per sq. metre in respect of the acquired land and also Rs. 156/ - per linear metre in respect of the compound wall having length of 141 metres and also claimed compensation under Section of the Act on the ground that the possession of the land was taken by the appellants prior to the award.

(3.) THE Reference Court, upon appreciation of evidence led by the respondents, fixed the market rate of the acquired land at Rs. 54/ - per sq. metre and awarded Rs. 13,000/ - for the compound wall and also awarded interest on the excess compensation at the rate of 9% per annum from 1.4.89 for the first year and thereafter, at the rate of 15 % p.a. till the excess sum was paid in the Court in terms of Section of the Act.