STATE OF GOA Vs. VISHNU PAI VERNEKAR

JUDGEMENT

(1.) THIS Appeal arises out of the Judgment and Award dated 02/05/2003 passed by the learned District Judge, North Goa ("Reference Court", for short) in Land Acquisition Case No. 10 of 1995.

(2.) THE parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said L. A. Case No. 10 of 1995.

(3.) THE learned Reference Court, upon consideration of the entire evidence on record, held that the sale deeds produced by the applicants cannot be used as comparable instances for the purpose of assessing the market value of the acquired land. Since the expert witness namely AW-2/ Subhash had prepared the valuation report based upon the said three sale deeds, the Reference Court also did not consider the said valuation report. THE Reference Court relied upon its own Award in the L. A. Case No. 9 of 1995 wherein the Reference Court had awarded Rs. 25/- per square metre as the market value of the acquired land which was subject matter of that case. It was found that the acquired land of the present case and acquired land of Shri Balchandra Anant Wagle concerned in the said L. A. Case No. 9 of 1995 were adjoining each other and both were acquired for the same purpose of laying additional conveying main for supplying water to Panaji City at Morombi-o-Grande. THE Reference Court therefore enhanced the market value of the acquired land from Rs. 15/- to Rs. 25/- per square metre.