LAWS(BOM)-2011-12-200

MR. ROMUALDO DINIZ (SINCE DECEASED) ALIAS CAETANO JOSE DINIZ, R/O. 212, STATE BANK OF INDIA QUARTERS,VASUDHA COLONY, P.O. BAMBOLIM COMPLEX, TISWADI GOA AND OTHERS Vs. EXECUTIVE ENGINEER, WORKS DIVISION VI, P.W.D., FATORDA MARGAO,

Decided On December 09, 2011
Mr. Romualdo Diniz (Since Deceased) Alias Caetano Jose Diniz, R/O. 212, State Bank Of India Quarters,Vasudha Colony, P.O. Bambolim Complex, Tiswadi Goa And Others Appellant
V/S
Executive Engineer, Works Division Vi, P.W.D., Fatorda Margao, Respondents

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Award dated 09/08/2002 passed by the learned District Judge, South Goa, in Land Acquisition Case No. 42 of 1997, a reference under Section of the Land Acquisition Act, 1894 ( for short 'L.A. Act').

(2.) THE reference was made at the instance of the original appellant and the respondents No. 2 and 3 and the same was rejected by impugned Judgment and Award. The original appellant died during the pendency of the appeal and his legal representatives have come on record. The original appellant and the respondents No. 2 and 3 shall hereinafter be referred to as the applicants whereas the respondent No. 1 shall hereinafter be referred to as the respondent.

(3.) BY Award made under section of the L.A. Act, the learned Land Acquisition Officer(L.A.O.) offered the market rate of Rs. 7/ -per square meter to the acquired land. Not being satisfied with the said offer, the applicants filed application, before the L.A.O., under section of the L.A.Act, for reference, by which they sought enhancement of the compensation at the rate of Rs. 200/ -per square meter. The L.A.O., thus made the reference to the Trial court.