SHRI M.B. USGAONKAR, RESIDING AT C-05, DEVASHRI BHAVAN, SOCORRO, PORVORIM, BARDEZ GOA Vs. LAND ACQUISITION OFFICER, P.W.D. CELL, ALTINHO, PANAJI GOA AND THE EXECUTIVE ENGINEER, WORKS DIVISION XVIII (R), PONDA GOA

JUDGEMENT

(1.) BOTH the above appeals are taken up together for hearing and final disposal as both the appeals challenge the judgment passed by the learned Reference Court dated 30.06.2007. The parties shall be referred to in the manner they so appear in the cause title of the impugned judgment. Pursuant to the notification under Section of the Land Acquisition Act, 1894 ( herein after referred to as 'the said Act") dated 27.11.1997, different portions of the land belonging to the applicant came to be acquired for improvement of a curve at Dhavshirem, in Village Panchayat of Usgao -Ganjem in Ponda Taluka. The areas acquired belonging to the applicant in respect of property surveyed under No. 60/7 is 60 square metres; survey No. 202/4 is 1400 square metrs; survey No. 203/1, is 135 square metres; survey No. 203/2 is 2000 square metres; survey No. 204/1 is 1295 square metres and survey No. 214/1 is 145 square metres. By an award passed under Section of the said Act dated 10.01.2001, the Land Acquisition Officer offered compensation for the land acquired at the rate of Rs. 30/ -per square metre and with regard to the portion of the property surveyed under No. 203/1 admeasuring an area of 135 square metres at the rate of 4.50 square metres and with regard to an area of 145 square metres in respect of property surveyed under No. 214/1 at the rate of Rs. 5/ -per square metre. Being dissatisfied with the said amount, the appellant sought a reference under Section of the said Act for enhancement of compensation and claimed compensation at the rate of Rs. 300/ -per square metre. The Reference Court after recording of evidence and hearing both the parties by the impugned judgment dated 30.06.2007 partly allowed the said reference and fixed the compensation for the land acquired at the rate of Rs. 94/ -per square metre. Being aggrieved by the said judgment, the applicant as well as the respondents have filed the present appeals.

(2.) SHRI R. G. Ramani, learned counsel appearing for the applicant has assailed the impugned judgment on the ground that the Reference Court whilst fixing the compensation has taken the basis to arrive at such compensation on the sale deed at Exhibit 27 which is the property belonging to the applicant sold for a total consideration of rupees one crore having an area of 57,350 square metres. The learned counsel further points out that though the said land was purchased for industrial purposes, the land acquired was located in the same Village and as such, there is no error committed by the learned Reference Court to rely upon the said sale deed as a base to fix the compensation. The learned counsel further points out that the Reference Court whilst fixing the compensation and making deduction on account of dissimilarities, has assumed the rate of the land in the said sale deed at Rs. 154/ -per square metre when according to him, the rate works out to Rs. 174/ -per square metre. The learned counsel further points out that the Reference Court has erroneously deducted 35% on account of dissimilarity and after deducting such amount, the price therein fixed at the rate of Rs. 174/ -per square metres, the compensation ought to have been fixed at the rate of Rs. 107/ -per square metre. The learned counsel has taken me through the impugned judgment and pointed out that the Reference Court has erroneously fixed the compensation at the rate of Rs. 94/ -per square metre when such rate should have been at the rate of Rs. 107/ -per square metre. The learned counsel as such submits that the impugned judgment passed by the Reference Court deserves to be modified.

(3.) AFTER carefully considered the submissions of the learned counsels as well as gone through the material on record, the following point for determination arises in the present appeals :