STATE OF GOA Vs. RAMCHANDRA SOMA GAWAS

JUDGEMENT

(1.) These two appeals by the State question the judgments delivered by the learned Ad hoc District Judge, Panaji on References under Section 18 of the Land Acquisition Act ('the Act' for short) made by the occupants of tenanted agricultural lands in village Navelim in respect of which the acquisition proceedings were taken by notification No. 22-21-2005-Rt) dated 07/10/2005. The Land Acquisition Officer awarded compensation at the rate of Rs. 5/- per square metre for the said property. The claimants sought a reference to be made claiming that they should be awarded compensation at the rate of Rs. 150/- per square metre. After considering the evidence, the Reference Court awarded compensation at the rate of Rs. 175/- per square metre. Aggrieved thereby the State has preferred these two appeals.

(2.) I have heard the learned Government Advocates in two appeals as well as the learned Counsel for the occupants.

(3.) There is no dispute that the lands acquired are the tenanted agricultural lands situated at village Navelim, Taluka Bicholim situated about 35 to 40 kilometres away from the city of Panaji. The Reference Court seems to have relied on the award in respect of lands acquired by proceedings commenced by Notification under Section 4 of the Act dated 12-11 -2002, where for tenanted paddy field lands, the compensation of Rs. 150/- per square metre was awarded. The learned Judge, thereafter, granted increase of 5% per annum on compounding basis and then fixed the compensation at the rate of 175/- per square metre. After deducting the compensation at the rate of Rs. 5/- per square metre awarded by the Land Acquisition Officer, the learned Judge directed payment of balance at the rate of 170/- per square metre.