STATE OF GOA Vs. PEDRO R. VAZ

JUDGEMENT

(1.) HEARD learned counsel for the parties. This appeal is by the State of Goa against judgment of reference Court awarding compensation to the respondents at the rate of Rs. 72/ - per square meters for his land, which was acquired by the appellants. The State acquired two pieces of land belonging to respondents under a Notification dated 10.08.1988 by publication in the Official Gazette. One of the piece of land from Survey No. 75/6 admeasures 18 square meters and another piece of land from Survey No. 98/4 admeasures 1648 square meters. The Land Acquisition Officer awarded compensation at the rate of Rs. 40/ - per square meter. This was enhanced by the reference Court to Rs. 72/ - per square meter. The reference Court relied on three sale instances; (a) AW1/C, 628 Square meters sold at the rate of Rs. 400/ - per square meter (b) AW1/D 1126 square meter sold at the rate of Rs. 546/ - per square meter and (C) AW1/E admeasuring 500 square meter sold at the rate Rs. 300/ - per square meter. The reference Court accepted that the three sale instances were comparable since the sale instances were in respect of the lands at a short distance from the acquired land i.e. about 300 meters and similar to the acquired land except that the said plots were developed pieces of land. The reference Court worked out the average of the price of the sale instance to about Rs. 397/ - per square meter as on the date of notification and after deducting 40% amount towards the development charges, the Court worked out the rate of undeveloped land to Rs. 238/ - per square meter. However, thereafter, the reference Court has ordered further deduction of 70% on the ground that the acquired land was a strip of land abutting the road and, therefore, no construction was possible.

(2.) PRIMA facie the finding of the reference Court ordering further deduction of 70% only on the ground that the acquired land is in a No development Zone being on the side of the road cannot be accepted in view of judgment of the Supreme Court in State of Goa and another..X. Gopal Baburao Gaudo and others' : (2009) 10 SCC 686 where the Supreme Court has observed as follows: