SPECIAL LAND ACQUISITION OFFICER Vs. XAVIER MIRANDA

JUDGEMENT

(1.) By this appeal, the appellants take exception to the Judgment and Award dated 26th June, 2002, passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case No.70/1994, by which the compensation awarded in respect of the property of the respondent, has been enhanced.

(2.) By Notification issued under Section 4 of the Land Acquisition Act ("the Act" for short), published in the official gazette dated 27th September, 1985, the Government of Goa acquired lands of several persons for public purpose viz. laying pipeline and service road from St. Jose de Areal to railway crossing. An area admeasuring 690 sq. metres bearing Survey No.295/7 and an area admeasuring 675 sq. metres bearing Survey No.293/1 of Village St. Jose de Areal belonging to late Xavier Miranda was part of the acquired land. The respondents are the legal representatives of deceased Xavier Miranda.

(3.) Late Xavier Miranda ('the applicant') claimed compensation of Rs. 30/- per sq. metre in respect of land bearing survey No.295/7 which was a bharad land and Rs.25/- per sq. metre in respect of land bearing Survey No.293/1, which was a paddy field. The Land Acquisition Officer, vide his Award dated 29th April, 1988, awarded compensation at the rate Rs.10/- per sq. metre for the land in respect of survey No.293/1 and Rs.15/- per sq. metre for the land in respect of Survey No.295/7. Being dissatisfied, the applicant sought a reference under Section 18 of the Act and claimed Rs.25/- per sq. metre for the paddy portion and Rs.30/- per sq. metre for the bharad land. During the course of reference, the original applicant expired and the respondents herein being the legal representatives of the applicant, were brought on record.