LAND ACQUISITION OFFICER Vs. JOAO FILIPE FERNANDES

JUDGEMENT

(1.) Heard Ms. S. Linhares, learned additional Government advocate appearing for the appellants and Shri M.B. Da Costa, learned Senior Counsel appearing for the respondent.

(2.) The above appeal challenges the judgment and award passed by the learned Reference Court dated 29/03/2006 whereby reference preferred by the respondent under Section 18 of the Land Acquisition Act, 1894 (herein after referred to as 'the said Act') was partly allowed and the compensation for the land acquired was fixed at the rate of Rs.60/- per square metre.

(3.) Pursuant to a notification dated 26/06/1992 published in the official gazette dated 6/08/1992 under Section 4 of the said Act, the land belonging to the respondent admeasuring an area of 275 square metres from the property surveyed under no.164/2 situated at Benaulim village was intended to be acquired for the construction and black topping of St. Sebastian Chapel road via Wadi, Pequeno Pulwado and Pulwado in Village Panchayat of Benaulim. Vide award dated 13/07/1995 passed under Section 11 of the said Act, the Land Acquisition Officer offered to the respondent compensation for the land acquired at the rate of Rs.8/- per square metre. Being dissatisfied with the said amount, the respondent preferred a reference under Section18 of the said Act and claimed for enhancement of compensation for the land acquired at the rate of Rs.250/- per square metre. By the impugned judgment and award dated 29/03/2006, the Reference Court partly allowed the said reference and fixed the compensation for the land acquired at the rate of Rs.60/- per square metre. Being aggrieved by the said judgment, the appellants have preferred the present appeal.