LAWS(BOM)-2004-4-88

DEPUTY COLLECTOR SDO Vs. SOMU SOIRU PAGUI

Decided On April 27, 2004
DEPUTY COLLECTOR (SDO) Appellant
V/S
SOMU SOIRU PAGUI Respondents

JUDGEMENT

(1.) THE State of Goa through its L. A. O. /deputy Collector, Margao and Executive Engineer, Works Division VI, P. W. D. , Margao has filed the present appeal against the Judgment/award dated 28. 7. 99 of the learned Addl. District Judge (II),margao (Reference Court, for short) by which the learned Reference Court has enhanced the compensation payable to the respondent from Rs. 6/- per sq. m. as awarded by the L. A. O. to Rs. 25/-per sq. m.

(2.) BRIEFLY stated, by virtue of Notification issued under Section 4 (1) of the Land Acquisition Act, 1894 dated 14. 1. 1988 and published in the official gazette dated 4. 2. 88 the Government acquired about 7750 sq. m. of land in Village Panchayat of Velim in Salcete Taluka for the purpose of construction of an approach road to go to Baradi chapel and in that was included an area of 180 sq. m. of the plot of land admeasuring 288 sq. m. belonging to the respondent forming part of survey No. 345/8.

(3.) THE respondent (original applicant) examined himself and inter alia produced a sale deed dated 13. 3. 85 (Exh. AW1/a) by which he had purchased the said plot admeasuring 288 sq. m. at the rate of Rs. 17. 36 per sq. m. The appellants/original respondents examined their Junior Engineer Shri Naik.