CASIMIRO CORREIA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) BOTH the aforesaid appeals are disposed of by this common judgment as they are arising out of the same Notification issued under Section 4(1) of the Land Acquisition Act, 1894 dated 03.11.1989 and are between the same parties.

(2.) BY Notification dated 03.11.1989 issued under Section 4(1) of the Land Acquisition Act, 1894, the lands owned by the appellant were acquired for the purpose of strengthening and improvement of bund and defending the paddy field at Pato Kator at Chirculem Khazan at St. Cruz, Tiswadi. The said Notification was published in two daily newspapers viz. Herald and Gomantak Times on 09.08.1989 and 13.11.1989 respectively. In the First Appeal No. 209 of 2009, the land bearing survey No. 567/1 admeasuring 375 square metres, classified as " salt pan" is involved. The Land Acquisition Officer by its award dated 02.08.1991 awarded compensation to the appellant by fixing the market value of the said acquired land at the rate of Rs.30/ - per square metre. The said rate of Rs.30/ - per square metre was also fixed for the "bharad land" and for "coconut garden". The appellant being dissatisfied with the meagre compensation awarded by the Land Acquisition Officer preferred a reference under Section 18 of the Land Acquisition Act, 1894 in the Court of District Judge -3, North Goa, Panaji.

(3.) IN the First Appeal No. 219 of 2009, the land of the appellant bearing survey No.573/3 admeasuring 920 square metres is involved. That out of the said 920 square metre, 723 square metres of the land classified as "bharad land" and it appears from the record that the rest of the land is salt pan/paddy field. The Land Acquisition Officer by its award dated 02.08.1991 granted compensation by fixing market value of the land of the appellant at the rate of Rs.20/ - per square metre for the paddy field/rice land and Rs.30/ - per square metre for the bharad land. The appellant being dissatisfied by the meagre amount fixed by the Land Acquisition Officer for the acquired land preferred a reference under Section 18 of the Land Acquisition Act in the Court of District Judge -2, North Goa, Panaji. The said reference came to be numbered as Land Acquisition Case No. 13/2007. The appellant in the said reference claimed compensation at the rate of Rs.125/ - per square metre for the "salt pan" and Rs.200/ - per square metre for the "bharad land".