STATE OF GOA Vs. MARTINHO DE PIEDADE

JUDGEMENT

(1.) THIS common judgment shall dispose all the above four appeals which arise out of the common judgment and award, dated 29/8/2002, passed by the learned Additional District Judge, South Goa (Reference Court, for short) in Land Acquisition Cases No. 228/1993, 229/1993, 230/1993 and 231/1993.

(2.) THE applicants as well as the respondents are the same in all the said four cases. THE parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said land acquisition cases.

(3.) UPON analysis of the entire evidence on record, the learned Reference Court found that the sale deed dated 22/1/1992 (Exhibit A.W.2/A) produced by A.W.2 was relevant for determination of the market value of the acquired land and hence relying upon the same, fixed the market value at Rs. 58/- per square metre. However, since the applicants, in the reference application, had claimed compensation at the rate of Rs. 50/- per square metre, the market rate of the acquired land was fixed by the Reference Court at Rs. 50/- per square metre. Insofar as severed land admeasuring 265 square metres and having triangular shape is concerned, the Reference Court held that the same has been rendered useless. The reference Court awarded the same rate of Rs. 50/- per square metre towards severance charges in respect of the said land admeasuring 265 square metres.