SPECIAL LAND ACQUISITION (MPT) Vs. COMMUNIDADE OF CHICALIM

JUDGEMENT

(1.) Heard Mr. M. Salkar, learned Government Advocate appearing for the appellants and Mr. C. A. Ferreira, learned counsel appearing for the respondent.

(2.) The above appeal challenges the judgment and award dated 25.01.2008 whereby a reference preferred by the respondent was partly allowed and the market value of the land acquired was fixed at the rate of Rs.386/- per square metre besides statutory benefits.

(3.) Briefly, the facts of the case are that by notification under Section 4 of the Land Acquisition Act, 1894 ( herein after referred to as "the said Act") published in the official gazette dated 31.10.2002, the appellants intended to acquire land for the construction and re-alignment of the road at Km 4.00 and Km. 11.40 (Airport) for NH 17B in Pale and Chicalim Village of Mormugao Taluka. Amongst such land, the portions of the property surveyed under No. 82(part) admeasuring 19300 square metres, 21(part) admeasuring 8525 square metres and 22(part) admeasuring 1825 square metres of Village Chicalim were also intended to be acquired. By an award dated 15.11.2005, the Land Acquisition Officer offered compensation for the land acquired at the rate of Rs.70/- per square metre. Being dissatisfied with the said amount, the respondent preferred a reference under Section 18 of the said Act for enhancement of compensation and claimed a sum of Rs.2000/- per square metre for the land acquired. The Reference Court by the impugned judgment and award has fixed the compensation for the land surveyed under nos. 82(part) admeasuring 19300 square metres, 21 (part) admesuring 8525 square metres and 22(part) admeasuring 1825 square metres of Village Chicalim at the rate of Rs.386/- per square metre. Being aggrieved by the said judgment, the appellants have preferred the present appeal. After being duly served, the respondent filed cross objection and inter-alia claimed compensation for the land acquired at the rate of Rs.1300/- per square metre.