LAWS(BOM)-2011-6-103

ARVIND SUKHA ACHARYA Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On June 24, 2011
ARVIND SUKHA ACHARYA Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Both these appeals are directed against the judgment and award passed by the Additional District Judge, South Goa, in Land Acquisition Case Nos. 431/1995 and 225/ 1995 respectively. It is not disputed that both these cases relate to acquisition of the land under same notification dated 27-6-1991. The Reference Court has in both cases awarded a sum of '4/- per square metre. In First Appeal No. 170/2001, the Reference Court maintained the amount granted by the Land Acquisition Officer i.e. amount of compensation granted by the Land Acquisition Officer at the rate of '4/- per square metre. In First Appeal No. 85/2002, the Reference Court refused to interfere with it and maintained the amount at ' 4/- per square metre.

(3.) Since the survey numbers in both the appeals relate to the lands acquired under proceeding of the same preliminary notification, I see no reason to award a different rate of compensation from the rate awarded in the earlier case under the same notification. Accordingly, the compensation in both the cases is enhanced from '4/- per square metre to '21 /- per square metre, but, excluding the values of trees, woods, fruits and statutory allowances.