STATION SUPERINTENDENT INTER STATE POLICE WIRELESS TRANSMITTING STATION PANAJI Vs. COMUNIDADE OF BAMBOLIM GOA

JUDGEMENT

(1.) THIS is an appeal filed under section 54 of the LAND ACQUISITION ACT, 1894, challenging the Award passed in Land acquisition Case No. 36/93 by the learned District Judge at Panaji on 17th september, 2001. By the said Award, the learned District Judge at Panaji was pleased to enhance the compensation from Rs. 43/- per sq. mt. to Rs. 170/- per sq. mt.

(2.) THE Government of Goa published the Notification under section 4 of the LAND ACQUISITION ACT, 1894 ("the Act" for short) on 22nd January, 1991 and acquired a total of 10,117 sq. mts. from survey No. 92/1 (part) situated at village bambolim in Tiswadi Taluka of Goa, for construction of I. S. P. W. Transmitting station and Staff Quarters. The Land Acquisition Officer had fixed the compensation rate at Rs. 43/- per sq. mt. and being dis-satisfied with the same an application for enhancement was moved, claiming the compensation at Rs. 300/-per sq. mt. Reference was made to the District Court under section 18 of the Act for considering the demand for enhancement. The claimant examined six witnesses, whereas the State examined only one witness. A. W. 3, Rui Ribeiro santana, was examined as an expert witness whereas A. W. 1, Mr. Jerone monteiro, was examined on behalf of the claimant as special attorney. The applicant relied upon the Award dated 24th March, 1981 at Exh. A. W. 3/b in land Acquisition Case No. 38/93 and also the Award in Land Acquisition Case no. 30/88 at Exh. A. W. 1/c. The first Award was placed on record through the evidence of A. W. 4, Mr. V. L. Patel, whereas the second Award was placed on record through the evidence of A. W. 1, Mr. Jerone Monteiro. The learned district Judge also considered the document at Exh. A. W. 3/c and accepted the awards at Exh. A. W. 1/c and A. W. 3/c as being comparable for fixing the market value and, accordingly, the market value at Rs. 170/- per sq. mt. was fixed. The learned District Judge was of the view that if the market value of the jand acquired as on 2nd June, 1988 was fixed at Rs. 150a per sq. mt. , some increase was required to be given for the subject Jand, which was acquired by notification dated 21st March, 1991 and, therefore, he was pleased to increase the market rate by Rs. 20/- thus fixing it at Rs. 170/- per sq. mt.

(3.) MR. Thali, learned advocate for the appellant (acquiring body) has challenged the Award and submitted that the reliance placed on the Award at exh. A. W, 1/c and A. W. 3/c was patently erroneous mainly because the issues which were germane to the determination of the market value were not raised in those Awards and, therefore, were not considered. These issues were regarding the disability in determining the market value on account of the fact that the subject land belonging to the Comunidade could not have been sold to a builder/developer for construction of residential buildings, or for that matter, even no private individual could have been sold those lands for construction of residential dwellings. He further pointed out that there were tenants on the subject land and the compensation amount awarded by the Land Acquisition officer has been deposited with the Reference Court as is clear from the notice dated 24th February, 1993 (Exh. P. W. 17e), in the name of the appellant as well as Shri Rama Vithal Gawas. The third challenge is on the ground of failure to consider the deduction for development of the land. It was urged that the deduction of 50% ought to have been considered by the learned District Judge, more so when as per the Panchayat Regulations 30% of the land is required to be utilized for leaving open spaces, construction of roads and drainage, etc. In addition, Mr. Thali placed on record copies of the subsequent Awards passed by the 1st Additional District Judge at Panaji in Land Acquisition Case No. 45/99 and Land Acquisition Case No. 65/99. By both these Awards, the reference for enhancement came to be rejected by the learned 1st Additional District Judge. The land was acquired by the State Government vide Notification under section 4 of the Act having been published in the Official Gazette on 24th October, 1996, and admeasuring total area of 4050 sq. mts. from survey No. 92/1 (Part) of bombolim Village, the Award was passed by the Land Acquisition officer on 31st July, 1997, by fixing the market value at Rs. 25/- per sq. mt. Thus, the land acquired and covered in Land Acquisition Case No. 45/99 and Land Acquisition case No. 65/99 is from the same survey number as the subject land in this appeal. The first reference was at the instance of the tenants, whereas the second reference was at the instance of the present respondent i. e. Comunidade of bambolim. Mr. Thali submitted that the disabilities considered by the learned 1st additional District Judge in rejecting the references are squarely applicable in the award impugned in this appeal and even if they were not raised and considered, it was necessary that those disabilities are taken into consideration for determining the correct market value of the subject land and in any case, Rs. 170/- per sq. mt. could not be the correct market value.