LAWS(BOM)-2004-4-93

SPECIAL LAND ACQUISITION OFFICER Vs. JOSE MILAGRES CARDOZO

Decided On April 23, 2004
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
JOSE MILAGRES CARDOZO Respondents

JUDGEMENT

(1.) THE State of Goa through its Special Land Acquisition Officer, Salaulim Irrigation Project and the Executive Engineer, Works Division XIV, Irrigation Department, Margao has filed the present appeal against the Judgment/award dated 25. 1. 99 of the learned IInd Addl. District Judge, Margao (Reference Court for short ).

(2.) BRIEFLY stated, by virtue of notification issued under Section 4 (1) of the Act dated 10. 5. 90 and published in Government Gazette dated 7. 2. 91 the Government acquired 31,655 sq. m. of land in villages of Chichinim and Deussua of Salcete Taluka for the purpose of making provision of farm development works in the command area of branch canal of S,i,p. for the water courses No. 14p at Chinchinim and Deussua villages and in that was included an area of 860 sq. m. of the land of the applicant surveyed under Nos. 52/4 and 52/5 of Deussua village and the applicant/respondent by award dated 2. 9. 95 was awarded compensation at the rate of Rs. 4/- per sq. m. in respect of the coconut bund and Rs. 4. 50 per sq. m. for the paddy field.

(3.) DISSATISFIED with the said award, the said applicant (respondent) sought a reference to be made to the District Court claiming compensation of Rs. 250 per sq. m. and the learned IInd Addl. District Judge has now enhanced the said compensation at the rate of Rs. 35/- per sq. m. for the bund and Rs. 40/- per sq. m. for the remaining paddy field.