DEPUTY COLLECTOR Vs. FRANCISCO CHATEAUBRIAND

JUDGEMENT

(1.) HEARD the learned counsel appearing for both the parties.

(2.) THIS Appeal and Cross Objection are directed against the Judgment and Award dated 15/02/2006 passed by the learned Additional District Judge, South Goa, Margao (reference Court) in Land Acquisition Case No. 72/2002.

(3.) VIDE Notification No. 22/58/98-RD dated 13/7/1998 issued under section 4(1) of the Land Acquisition Act, 1894 ('the Act', for short) published in the Official Gazette dated 28/8/1998 and at concerned places on 2/9/1998, the Government acquired land for construction and black topping of the road from U. M. Mohammed House to Khandi via Mobor in Village Panchayat Cavelossim. This included an area of 240 square metres from survey no. 125/1; an area of 3300 square metres from survey no. 126/1 and an area of 18 square metres form survey no. 126/4 of Cavelossim village. The learned Land Acquisition Officer (L.A.O., for short), by award dated 27/8/2001, fixed the market rate of Rs. 62/- per square metre for the said acquired land. The compensation awarded for the acquired land from survey no. 125/1 was accepted by the applicant under protest whereas that awarded for the acquired land from survey no. 126/4 was accepted by him without protest. The compensation in respect of the acquired land from survey no. 126/1 was deposited in the District Court, South Goa, along with reference under Section 30 of the Act as there was dispute between the applicant and the Communidade of Cavelossim. Not being satisfied with the market rate fixed by the L.A.O., the applicant who claimed to be interested party with regard to the above acquired land, made an application under section 18 of the Act before the L.A.O. alleging that the proper compensation for the acquired land would be at the rate of Rs..1000/- per square metre. The L.A.O. referred the matter to the District Court, South Goa and that gave rise to the Land Acquisition Case No. 72/2002.