SANTOSH SHIVAJI NADKARNI Vs. MANAGING DIRECTOR, GOAIDC

JUDGEMENT

(1.) This is an appeal by the Goa Industrial Development Corporation against the enhanced award of compensation passed by the Reference Court. We may set out the facts of the case to appreciate the controversy.

(2.) It all began over two decades. On 02.04.1998, the Special Land Acquisition Officer issued Section 4 notification proposing to acquire the lands to set up an industrial estate at Xelpem and Cotarlim village. Then, followed by Section 6 declaration, the Government eventually acquired 1,16,83 square metres in Survey No.5. Then, the Land Acquisition Officer passed the award on 14.08.2001 fixing the rate of compensation at Rs. 7.00 per square metre for cashew garden, Rs. 8.00 per square metre for coconut garden and Rs. 6.00 per square metre for bharad land. Aggrieved, the respondent land owner went in appeal by invoking Section 18. Through its award dated 05.06.2004, the Reference Court enhanced it to Rs. 28.00 per square metre. This time the Goa Industrial Development Corporation was aggrieved. Therefore it has filed this first appeal.

(3.) Under similar circumstances, the Government has filed the other First Appeals : 332/2003 and 246/2004. Though the facts are slightly different in these appeals it arises out of the same notification under similar statutory background. Therefore, we do not think that the second appeal requires any separate adjudication. It suffices if we dispose of both the appeals by common judgment.