STATE OF GOA Vs. NESTLE INDIA LIMITED

JUDGEMENT

(1.) Heard Mr. Pravin Faldessai, Additional Government Advocate for the Appellants-State, and Mr. Anirudh Sardesai, Advocate for the Respondents.

(2.) This appeal is directed against the Judgment and Award dtd. 8/12/2009 made by the Reference Court enhancing the compensation from Rs.20.00 per square meter to Rs.96.00 per square meter. The Respondents have filed cross-objections complaining about the failure to award compensation in respect of the damages incurred towards the relocation of electronic weighbridge, security office, and concrete gutters.

(3.) Mr. Faldessai, the learned Additional Government Advocate, submits that the Respondents purchased a large property of which the acquired portion is only a part, vide registered sale deed executed on 28/12/1993. He points out that such purchase was admittedly, post the issuance of Sec. 4 notification which is dtd. 8/1/1991. He, therefore, submits that this deed could never have been considered as the basis for determining the compensation. He further submits that the Reference Court has applied incorrect principles to grant an almost five-fold enhancement over what was granted by the Land Acquisition Officer. He submits that the evidence on record has not been appreciated in its proper perspective, and therefore, the impugned award warrants interference.