THE LAND ACQUISITION OFFICER, P.W. D., (CELL), ALTINHO AND THE EXECUTIVE ENGINEER, W.D. XIII, PWD, MAPUSA-GOA Vs. SHRI PRABHAKAR GOVIND ORTI ALIAS VARTI, MAJOR, S/O. DECEASED GOVIND ORTI ALIAS VARTI AND ORS.

JUDGEMENT

(1.) HEARD Shri S. Mordekar, the learned Additional Government Advocate appearing for the appellants and Shri P. Rao, the Learned Counsel appearing for the respondents. The above appeal challenges the judgment and award passed in Land Acquisition Case No. 24/2002 passed by the learned District Judge, North Goa, Panaji whereby the reference filed under Section of the Land Acquisition Act, 1894 (hereinafter referred to as 'the said Act') was partly allowed and the compensation for the land acquired was fixed at the rate of Rs.131/ - per square metre.

(2.) BRIEFLY , the facts of the case are that pursuant to the notification under Section of the said Act, published in Official Gazette dated 9/07/1998 land belonging to the respondents was acquired for the construction of a road at Dandi admeasuring an area of 620 square metres from the property surveyed under no. 105/1. By an award passed under Section of the said Act dated 9/01/2001, the Land Acquisition Officer offered compensation for the land acquired at the rate of Rs.19/ - per square metre. Being dissatisfied with the said amount the respondents sought a reference under Section of the said Act and claimed compensation for the land acquired at the rate of Rs.600/ - per square metre. By judgment and award dated 7/09/2006, the learned Reference Court partly allowed the said reference and fixed the compensation for the land acquired at the rate of Rs.131/ - per square metre.

(3.) SHRI P. Rao, the Learned Counsel appearing for the respondents fairly concedes that in fact the basis for fixing the compensation in the judgment impugned in the above appeal was the award which was challenged in First Appeal No. 280/2003. The Learned Counsel also does not dispute that the land acquired in the present case and the land which was the subject matter of the acquisition in the said First Appeal are pursuant to the same notification and adjoining to one another.