LAWS(BOM)-2004-8-173

STATE OF GOA Vs. MATCHES GOA PVT LTD

Decided On August 10, 2004
STATE OF GOA Appellant
V/S
MATCHES GOA PVT LTD Respondents

JUDGEMENT

(1.) BOTH the parties in LAC No.61/91 have filed the present appeals against the judgment/award dated 31.7.2000 of the learned District Judge, Panaji.

(2.) SOME facts are required to be stated to dispose of the said appeals.

(3.) DISSATISFIED with the said award, the applicant got a reference made under Section 18 of the Act, claiming compensation at the rate of Rs.350/- per sq.m. In support of the said reference, the applicant produced three sale deeds. The first was a sale deed dated 23.5.88 of a plot admeasuring 500 sq.m. which was sold at the rate of Rs.300/- per sq.m. (Exh.AW.1/B). The second was a sale deed dated 11.1.89 of a plot admeasuring 403 sq.m. (Exh.AW.1/C) which was sold at the rate of Rs.250/- per sq.m. The third was a sale deed dated 3.10.1988 of a plot admeasuring 288 sq.m. (Exh.AW.1/Dwhich was sold at the rate of Rs.416/- per sq.m. The applicant examined AW.4 in support of the sale deed dated 3.10.88 (Exh.Aw.1/D) and Aw.5 in support of the sale deed dated 11.1.89 (Exh.Aw.1/C). The applicant also examined two experts, namely,Aw.2 Architect Shri Bhobe and AW.3 Shri Nagarsenkar, and also produced an award in LAC No.58/91 by which compensation was fixed at the rate of Rs.133/- per sq.m. in respect of an area of No.2872.25 sq.m. of the said survey No.65.