DY COLLECTOR Vs. COMMUNIDADE OF CAVELOSSIM

JUDGEMENT

(1.) ALL the above appeals were taken up together for final disposal as the lands involved in all the said appeals were acquired pursuant to the same notification.

(2.) FACTS in First Appeal No.283/2005 By a notification issued under Section 4 of the Land Acquisition Act, 1894, herein after referred to as 'the said Act', published in the Official Gazette dated 28/08/1998 and notified on 2/09/1998, the appellants intended to acquire the land belonging to the respondent for the construction and black topping of road from U. M. Mohammed house to Khandi via Mobor in village Panchayat of Cavelossim, admeasuring an area of 3300 square metres from the property surveyed under no.126/11.

(3.) FACTS in First Appeal No.284 of 2005 By the same notification issued under Section 4 of the said Act dated 2/09/1998, the land belonging to the respondent admeasuring an area of 2250 square metres from the property surveyed under no.123/1, and an area of 50 square metres from the property surveyed under no.126/2 besides an area of 2050 square metres from the property surveyed under no.129/1 was sought to be acquired for the same purpose. Total area acquired was admeasuring 4350 square metres, besides an area of 50 square metres from survey no.126/2 which was stated to be a pond. 6. By an award passed under Section 11 of the said Act, dated 27/08/2001, the Land Acquisition Officer offered compensation at the rate of Rs.62/- per square metre for the land bearing survey no.123/1 and 129/1 and Rs.2/- per square metre for the area occupied by the pond. Being dissatisfied with the said amount, the respondent sought a reference under Section 18 of the said Act for enhancement of compensation and claimed an amount of Rs.800/-per square metre for the land acquired.