EURICO DA SILVA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) These two appeals arise out of the judgment and award passed on 30/01/2003 by IIIrd Additional District Judge, South Goa, Margao in Land Acquisition Case No. 231 of 1994. They are being disposed of by this Common Judgment.

(2.) The claimant owned property bearing survey no.39/7 which was admeasuring 5000 square metres. Out of the said total area, land about 800 square metres was acquired in the year 1991 for laying down railway track. The notification under Section 4 of the Land Acquisition Act (for short, 'L.A. Act') was issued on 08/08/1991 and the notification under Section 6 was issued on 6/11/1991. The Land Acquisition Officer passed award on 06/10/1993, wherein, the acquired land was awarded compensation at the rate of Rs. 23/- per square metre. The record reveals that the compensation of the subject property was taken by applying urgency clause, in view of the provisions under Section 17 of the L.A. Act, on 09/07/1992.

(3.) The applicant preferred Reference under Section 18 of the L.A. Act. In support of the claim, the claimant examined himself as AW1. AW 2 - Ernesto Moniz was examined as a Surveyor.