THE DEPUTY COLLECTOR & S.D.O. PONDA, GOA AND THE EXECUTIVE ENGINEER, DIVISION XVIII (R), PWD, PONDA, GOA Vs. KALIDAS B. MARATHE AND ORS.

JUDGEMENT

(1.) BY this appeal, the appellants take exception to the judgment and award dated 10th March, 2004, passed by Ist Additional District Judge, Panaji in Land Acquisition Case No.89/98, by which the reference under Section of the Land Acquisition Act, 1894 ("the Act" for short) has been partly allowed.

(2.) VIDE Notification under Section of the Act, which was published in the Official Gazette dated 6th November, 1991, the Government expressed its intention to acquire lands of several persons for construction of Ponda Bye -pass road from Farmagudi to Dhavali via Kashimath Khadpaband and Kapileshwari in Ponda (Phase I). An area admeasuring 1800 sq. metres from Survey No.15/2 of village Queula and an area of 2000 sq. metres from Survey No.16 of the same village belonging to the respondents was part of the acquired land. By Award dated 13th November, 1992, the Land Acquisition Officer fixed the compensation of the acquired land at Rs. 35/ - per sq. metre. In respect of the wall existing in survey No. 15/2, an amount of Rs. 9,267/ - was awarded and an amount of Rs.19,874/ - was separately awarded for the trees, existing in the acquired land.

(3.) IN support of their claim, the respondents herein examined Kalidas Marathe (AW.1), Suresh Behere (AW.2), and S.S. Sukhtankar (AW.3). The appellants herein examined Shri Pundalik Parkar, Assistant Engineer as DW.1. The Reference Court, upon appreciation of the evidence, fixed the market rate of the acquired land at the rate of Rs.187/ - per sq. metre. The respondents relied upon sale deed dated 22.1.1991 (Exhibit 19) by which a developed plot admeasuring 225 sq. metres was sold for Rs.90,000/ - . The said plot was situated at Kavlem, at a distance of about 1.5 kms. away from the acquired land. The respondents also relied upon another sale deed dated 12.4.1991 (Exhibit 20), by which a developed plot admeasuring 315 sq. metres situated at Dhavali -Queula was sold for Rs.1,66,500/ - . The Reference Court took average price of Rs. 464/ - and, thereafter, deducted 60% for development and fixed the market rate of the acquired land at Rs.187/ - per square metre.