SHRIHARI KURADE Vs. DY COLLECTOR LA

JUDGEMENT

(1.) The above appeal challenges the Judgment and Award dated 17-3-2004 passed by the learned Additional District Judge, South Goa, Margao in Land Acquisition Case No.6 of 2003.

(2.) Land belonging to the Appellants admeasuring an area of 58900 sq. meters from the property surveyed under No.123 sub-divisions 1 to 8 was acquired by the Respondents for the purpose of implementation of the Housing Scheme at Xeldem. The land was acquired pursuant to a notification under Section 4 of the Land Acquisition Act, 1894(hereinafter referred to as the said Act) dated 21-10-1998 published in the Official Gazette on 4-12-1998.

(3.) By an award dated 6-1-2002, the Land Acquisition Officer offered a compensation for the land acquired at the rate of Rs.9/- per sq. meter in respect of untenanted bharad/coconut land falling in the settlement zone admeasuring 29,500 sq.meters; Rs.6/- per sq. meter in respect of the untenanted bharad/coconut land falling in orchard zone admeasuring 22,900 sq. meters and Rs.4/- per sq. meter in respect of untenanted paddy field falling in settlement zone admeasuring 6,500 sq. meters. Being dissatisfied with the said amount, the Appellants sought a reference under Section 18 of the Land Acquisition Act for enhancement of compensation and claimed a sum of Rs.700/- per sq. meter for the land acquired.