SPECIAL LAND ACQUISITION OFFICER Vs. CHANDRAKANT RAMA MORAJKAR

JUDGEMENT

(1.) IN this First Appeal, the award dated 23/01/2002 passed by the Additional District Judge, Mapusa partly allowing the reference under Section 18 of the Land Acquisition Act is challenged.

(2.) THE land acquired is admeasuring 4760 square metres from survey no.258/8 (part) situated at Sodiem, Village Siolim, Taluka Bardez. The notification under Section 4 of the Act was issued on 21/11/1991. The land was acquired for the purpose of construction of left bank main canal of Tillari irrigation project. The Special Land Acquisition Officer fixed the rate of the compensation as Rs.10/ - per square metre and accordingly declared the compensation. The respondent aggrieved by the said award approached the Special Land Acquisition Officer i.e. the Collector and, thereafter, a reference was made under Section 18 of the Land Acquisition Act before the District Judge. The respondent demanded the enhanced amount of the compensation at the rate of Rs.400/ -. In support of the claim, the respondent, original claimant Bhivrao Morajkar examined himself and also examined AW2/Alex Thomas Fernandes, who had purchased the land from the same village and has produced the Sale Deed dated 21/10/1988, wherein his land from village Siolim was purchased on the relevant date for Rs.145/ - per square metre. The original claimants also examined one person Vikas Dessai in respect of the valuation. The appellant/State tendered evidence of RW1/D.A. Achutan. After considering the oral as well as documentary evidence, especially the Sale Instance i.e. Exhibit 22, the learned District Judge enhanced the rate from Rs.10/ - per square metre to Rs.111.93 per square metre and also granted statutory and consequential benefits. Being aggrieved by the said judgment and award the appellant/State has filed this appeal.

(3.) THE learned Government advocate has submitted that the Reference Court has fixed the rate of the compensation on a higher side i.e. of Rs.111.93 per square metre. He submitted that the comparable sale instance has taken place on 21/10/1988 and the notification under Section 4 was on 21/11/1991. The Reference Court has lost the sight of the facts that in the evidence of the witnesses of the claimants they have admitted that the land acquired is a sloppy land and the land in the Sale Instance is a levelled land and, therefore, more price of Rs.145/ - per square metre was given and the land in Sale Instance are not adjacent, but they are away and considering the level of the soil of the acquired land the compensation should not have been fixed at the rate of Rs.111.93 per square metre.