DEPUTY COLLECTOR AND SDO Vs. JOSE ALMEIDA

JUDGEMENT

(1.) THE present First Appeal is preferred by the appellant i.e. functionary of the State of Goa and Cross Objection has been preferred by the land owners. The appellant as well as the land owners who are the cross objectors have questioned the correctness of the judgment and award dated 26.04.2007 passed in Land Acquisition Case No. 45/1999. The Ad -Hoc District Judge -1, FTC -I, South Goa, Margao, by the present impugned judgment and award dated 26.04.2007 has enhanced the market value of the acquired land of the respondents from Rs.100/ - per square metre which was fixed by the Land Acquisition Officer by its award dated 14.03.1990 to Rs.200/ - per square metre.

(2.) BY Notification dated 08.01.1987 under Section 4 of the Land Acquisition Act, 1894, which was published in the Official Gazette dated 28.02.1987, the Government of Goa acquired an area of 1663 square metres of the respondents' land bearing survey No. 30/1 from Margao city for the purpose of building police quarters at Fatorda, Margao.

(3.) FOR the sake of brevity, the land owners will be hereinafter referred to as the applicants as they were termed before the Reference Court and the appellant - State of Goa will be termed as the State. It is the contention of the applicants that as a matter of fact the possession of the land was taken in the year 1983 though Notification was published in January, 1987. It is further the contention of the applicants that though the Land Acquisition Officer and the Reference Court proceeded on the footing that the acquired land was 1663 square meters of area, the actual area was 1800 square metres and there is a dispute of about 137 square metres of the acquired land. It is to be noted here that as per the contention of the applicants that the possession of their property was taken on 10.06.1983 by the State, they initially entered into negotiation with the State authority pertaining to the exact measurement and the area of the acquired land and also for compensation which was then to be paid to the applicants by the State which was to be arrived at by an amicable settlement between the parties. The record further discloses that Civil Suit No. 14/86 was filed by the applicants in the Court of Additional District Judge, South Goa, Margao, for mandatory injunction and for other consequential reliefs as has been more particularly stated therein. In the said suit, a consent decree came to be passed upon filing of the consent terms by the parties hereto on 22.03.1988. By the said consent decree, the parties hereto have settled the said suit on the following terms.