KRISHNA BALCHANDRA HADFADKAR Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal arises out of the Judgment and Award dated 5th May, 2004 passed by the learned Additional District Judge-II, Panaji (hereinafter referred to as the Reference Court) in Land Acquisition Case No. 83/2002. The above Miscellaneous Application No. 755/2008 has been filed by the appellants, under Order XLI, Rule 27(b) of the Code of Civil Procedure, for leave to produce the certificate of purchase dated 25/4/1997. As per order dated 13/10/2008, passed in the said M.C.A., the same is being considered along with the Appeal.

(2.) THE parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said Land Acquisition case.

(3.) IN their reference application, the applicants stated that they are deemed owners of the property admeasuring 35325 square metres bearing survey no. 85/1 of village Marra from which, land admeasuring 9645 square metres has been acquired and the compensation awarded is inadequate, being without considering the nature of the acquired land and the locality wherein it is situated. The applicants further stated that the L.A.O. did not consider the sales statistics of the land in the vicinity of the acquired land and also did not consider that the acquired land is situated in prime locality, ideal to set up an industry. The applicants claimed the market rate of Rs. 400.00 per square metre.