UNION OF INDIA Vs. RAJARAM ESTATE

JUDGEMENT

(1.) Heard Mr. Mahesh Amonkar, learned Standing Counsel for the Central Government/appellants, and Ms. Sulekha Kamat learned Additional Government Advocate for the respondent no. 3/State. Respondents no. 1 and 2 though served are neither present nor represented.

(2.) This appeal is directed against the Judgment and Award dtd. 18/4/2015 made by the Reference Court in Land Acquisition Case No. 35/2002 under the provisions of Sec. 18 of the Works of Defence Act, 1903 (said Act).

(3.) There is no dispute that the appellants i.e. the Government of India, Ministry of Defence by notification dtd. 16/3/1992 imposed restrictions under Sec. 7(b) of the said Act upon the use and enjoyment of the property of respondent nos. 1 and 2 admeasuring 20,350 sq. mtrs. surveyed under No. 126/1 at Chicalim, Mormugao Taluka (restricted property) for the creation of a safety zone near Naval Armament Depot. The Collector, by his award made under Sec. 12 of the said Act determined the market rate of the said land at Rs.28.00 per sq. mtr. and further determined and valued the restrictions at 5% i.e. Rs.1.40 per sq. mtr.