LAWS(BOM)-2004-3-208

GOVERNMENT OF GOA THROUGH ITS CHIEF SECRETARY, SECRETARIAT, PANAJI AND DEPUTY COLLECTOR (REV.), COLLECTORATE, PANAJI Vs. M/S. AGRAWAL MINERALS (GOA) PVT. LTD., O/AT ANANT BHUVAN, STATION ROAD, MARGAO THROUGH ITS DIRECTOR SHRI PURUSHOTTAM R. KEJRIWAL, R/O MARGAO

Decided On March 16, 2004
Government Of Goa Through Its Chief Secretary, Secretariat, Panaji And Deputy Collector (Rev.), Collectorate, Panaji Appellant
V/S
M/S. Agrawal Minerals (Goa) Pvt. Ltd., O/At Anant Bhuvan, Station Road, Margao Through Its Director Shri Purushottam R. Kejriwal, R/O Margao Respondents

JUDGEMENT

(1.) The appellants, being aggrieved by the Judgment and Award, dated 10th Nov. 1997, passed by the District Judge, Panaji, in Land Acquisition Case No. 39 of 1993, have filed the present appeal. The respondent to this First Appeal has filed his Cross Objection. The Appeal and the Cross Objection are, therefore, being dealt with by this Judgment.

(2.) The facts in brief, as are necessary for the decision of this appeal, are stated hereunder:-

(3.) In respect of the first issue, the learned District Judge, Panaji, held that the market price of the land excluding survey nos. 176/8/3, 176/7/1, 176/6/5, 176/8/5, 176/9/2, 176/9/3 and 176/7/4 is fixed at Rs. 310.00 per square metre. The market price of the land which is excluded above would be Rs. 310.00, if they are shown not to be tenanted lands and if they are shown to be tenanted lands, the respondent/owner would not be entitled to any enhancement. In respect of issue nos.2 to 4, the learned District Judge returned a finding in the negative.