NARAYAN VITHU VAIGANKAR THROUGH HIS HEIRS Vs. DEPUTY COLLECTOR REV AND LAND ACQUISITION OFFICER PANAJI

JUDGEMENT

(1.) By this appeal, the appellants take exception to the Judgment and Award dated 29.10.2003 passed by the learned Ist Additional District Judge, Panaji in Land Acquisition Case No. 43/1999 by which reference under Section 18 of the Land Acquisition Act, 1894 ( 'the Act' for short) has been rejected.

(2.) Vide notification issued under section 4(1) of the Act which was published in the official gazette dated 16.11.1992, the Government of Goa acquired for public purpose land admeasuring 1,15,000 square metres from the survey no.499/0 situated at Tivim, belonging to Shri Narayan Vithu Vaigankar. The appellants are the legal representatives of said Narayan Vithu Vaigankar. The claimant late Narayan Vaigankar claimed Rs.170/- per square metre. The Land Acquisition Officer by an award dated 22.3.1995 fixed the market rate of the acquired land at Rs.20/- per square metre. Late Shri Narayan Vaigankar claimed to be lawful tenant in possession of the property which was belonging to Communidade of Tivim.

(3.) The Reference Court after analysing the evidence led by the appellants herein held that appellants herein had not discharged the burden cast on them to prove that the market rate of the acquired land as on date of Section 4 notification was Rs.170/- per square metre and consequently rejected the reference.