STATE OF GOA Vs. PRABHAKAR SHIVRAM NAIK PANKAR

JUDGEMENT

(1.) THE State of Goa has filed the present appeal against the Judgment/award dated 29. 7. 1997 of the learned Addl. District Judge, Panaji, Panaji in LAC No. 111/90.

(2.) BRIEFLY stated by virtue of Notification issued under Section 4 (1) of the Land Acquisition Act, 1894 and published in Government Gazette dated 7. 1. 82 the Government acquired 92,745 sq. metres of land situated at Porvorim for residential development under Integrated Development Programme and in that was included a plot of land No. 13 admeasuring 1250 sq. metres belonging to the firm M/s. Shivram Dattaram Pankar of which the respondent was a partner and the L. A. O. by virtue of Award dated 31. 1. 1984 awarded to the respondent compensation for the said acquisition at the rate of Rs. 25/- per sq. m. and as against the same respondent sought a reference o the District Court, Panaji and the learned Addl. District Judge by his Award dated 29. 7. 97 enhanced the compensation to Rs. 119. 70 per sq. m.

(3.) THE first submission made by Shri Bharne, learned Government Advocate is that the Trial Court has done fallacious exercise by fixing the market value based on an average price of two Sale Deeds.