STATE OF GOA Vs. JOAO DIAS

JUDGEMENT

(1.) Heard Mr. Bandodkar, for the appellants in all the appeals and Mr. Godinho for the respondents in First Appeals No. 87/2002 and 101/2002. None for the respondents in First Appeal Nos. 80/2002,97/2002,98/2002, 100/2002 and 102/2002. All these appeals are being disposed of by common judgment, since the appeals are preferred against the judgments and awards passed in the land acquisition cases arising out of the same Notification issued under Section 4 of the Land Acquisition Act, 1894 ("the Act" for short) and admittedly, the nature of the properties involved in all these appeals is also identical.

(2.) By Notification, issued under Section 4 of the Act, which was published in the Official Gazette on 9th August, 1995, the Government acquired lands of several persons, including those of respondents for public purpose. The respondents claimed Rs. 1,000/-per sq. metre. The Land Acquisition Officer made an award on 13th September, 1996, awarding compensation at the rate of Rs. 25/-per sq. metre. Aggrieved by the inadequacy of the compensation granted, the respondents herein sought reference under Section 18 of the Act, the details of which are as follows: <p><table class = tablestyle width="90%" border="1" cellspacing="1" cellpadding="1" align="center" style="font-family:Verdana"> <tr align="center" valign="middle"> <td width="6%"><strong>LAC No.</strong></td> <td width="12%"><strong>Survey No.</strong></td> <td width="16%"><strong>Area acquired.</strong></td> <td width="54%"><strong>Name of the Parties </strong></td> <td width="12%"><strong>Appeal No.</strong></td> </tr> <tr> <td>5/98</td> <td>48/13</td> <td>1740 sq. mtrs.</td> <td>Joao Dias vs. State of Goa and anr. </td> <td>80/2002</td> </tr> <tr> <td>6/98</td> <td>48/8 part</td> <td>2125 sq. mtrs.</td> <td>Reny Artimisa Pereira vs. State of Goa and anr.</td> <td>98/2002</td> </tr> <tr> <td>7/98</td> <td>48/2 part</td> <td>2484 sq. mtrs.</td> <td>Joaquim Rosario vs. State of Goa and anr.</td> <td>102/2002</td> </tr> <tr> <td>8/98</td> <td>48/11 part</td> <td>1250 sq. mtrs.</td> <td>Smt. Felicidade Margarida Faria vs. State of Goa and anr.</td> <td>97/2002</td> </tr> <tr> <td>9/98</td> <td>48/3 part</td> <td>1050 sq. mtrs.</td> <td>Anthony Viegas and anr. vs. State of Goa and anr.</td> <td>87/2002</td> </tr> <tr> <td>10/98</td> <td>48/7 part</td> <td>1913 sq. mtrs.</td> <td>Smt. Maria Antonio Fernandes vs. State of Goa and anr.</td> <td>100/2002</td> </tr> </table>

(3.) Before the Reference Court, the respondents relied upon Sale Deed dated 2.1.1995 Exhibit AW. 1/C and Sale Deed dated 14.8.1995 Exhibit AW. 1/D. In the course of arguments, the respondents placed reliance upon an award dated 25/8/2001, passed in Land Acquisition Case No, 15/1998, in which the compensation awarded by the Land Acquisition Officer was increased from Rs. 25/-per sq. metre to Rs. 100/-per sq. metre. The land in the said case was also paddy field, acquired under the same notification. The Reference Court, after holding that the lands which are subject-matter of the proceedings in the present land acquisition cases, were similar to the land in Land Acquisition Case No. 15/98, enhanced the compensation to Rs. 100/-per sq. metre. Aggrieved by the compensation granted, the appellants herein filed the present appeals.