MANAGING DIRECTOR Vs. SHRIKANT R. BHATIKAR

JUDGEMENT

(1.) BY this appeal, the appellant takes exception to the judgment and award dated 30th June, 2003 passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case no.15/2002 partly allowing the reference under Section 18 of the Land Acquisition Act ('The Act' for short).

(2.) VIDE notification dated 18th March, 1998, issued under Section 4 of the Act which was published in Official Gazette dated 2nd April, 1998, the Government of Goa acquired a portion of land admeasuring 16,300 square meters from Survey No.17/1 of Village Xelpe, Sangue Taluka belonging to respondent nos.1 to 10 for the purpose of setting up of industrial estate at Xelpe and Kortali villages of Sangue Taluka. The Land Acquisition Officer (The LAO) declared the award dated 14th August, 2001 and fixed the compensation at the rate of Rs.7/- per square meter in respect of the land and Rs. 2,17,064/- towards the value of the trees standing in the acquired land. The applicants accepted the compensation under protest and sought reference under Section 18 of the Act. Respondent nos. 1 to 10 claimed compensation at the rate of Rs.125/- per square meter and also claimed compensation of Rs.10 Lacs towards the value of cashew trees.

(3.) THE Reference Court placed reliance upon the sale deed dated 6th April, 1984 at exhibit 20, which was at a distance of about 100 meters away from the acquired land. The Reference Court held that since the said plot of land was situated in the vicinity and had similar advantages and disadvantages as that of the acquired land, the same could be considered for ascertaining the market rate of the acquired land. After taking into consideration the increase in the price at 5 % p.a., the Reference Court arrived at the figure of Rs.53/- per square meter and thereafter deducted 25 % on the ground that the acquired land was bigger plot of land whereas the sale deed plot was a smaller plot and arrived at the figure of Rs.44/- per square meter. Thereafter, the Reference Court deducted 10 % on the ground that the sale deed plot was bounded on one side by road, whereas the acquired land was at a distance of 100 meters away from the road and fixed the market rate of the acquired land at Rs.35/- per square meter. The Reference Court rejected the reference in so far as the claim of the respondent nos.1 to 10 of Rs.10 Lacs towards the value of the cashew trees is concerned.