STATE OF GOA Vs. LIVRAMENTA EUGENIA VIEGAS

JUDGEMENT

(1.) THIS Appeal by the State is preferred against the Judgment dated 3rd April, 1997, of the District Judge, Panaji, in reference under Section 18 of the Land Acquisition Act, 1894. Under a Notification dated 18th February,1982, 6134 sq. mts. of the respondents' land were proposed to be acquired. Upon acquisition, the Land Acquisition Officer offered a rate of Rs.150/- per sq. mt. to the respondents. Dissatisfied, he sought a reference to the Court. The Court upon hearing the evidence adduced before it, enhanced the compensation to Rs.204/- per sq. mt.

(2.) THE acquired land is situated on the Dona Paula-Miramar Road, which is locally known as the new road. The road passes along the Mandovi river and the land in question is situated near the road. Before the Court the respondent examined four witnesses; himself as A.W.1, A.W.2, an Engineer and an expert valuer. The respondent also examined two witnesses, A.W.3 and A.W.4 in order to prove two sale deeds.

(3.) ADMITTEDLY, the last two instances, i.e. A.W.2/C and A-1 pertain to compulsory acquisition of lands and the rates shown therein are the rates of compensation awarded to the claimants there. After discarding the first three instances, the Court eventually took into account Exh. A-1, which was an instance of compulsory acquisition of land in which the claimant was awarded a sum of Rs.240/- per sq. mt. That land is about 1/2 km. from the acquired land. Shri Bharne, learned Government Advocate for the appellants submitted that the State had filed an appeal against the Award in respect of the land A-1, which was about Rs.240/- per sq. mt. However, the matter was settled in the course of the Lok Adalat and the compensation therein was reduced to Rs.195/- per sq. mt. However, the learned counsel fairly accepted the fact that a decision of the Lok Adalat does not have the same binding effect as a decision of a court of law.