SUBHASH CHANDRA NARAYAN BHOBE Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE appellant challenges in this appeal the award of the learned Addl. District Judge, Panaji, dated 28/4/1989 in a reference under Section 18 of the Land Acquisition Act (hereinafter called the Act) in Land Acquisition Case No. 32/1986 whereby the learned Addl district Judge has partly affirmed and partly modified the award of the land Acquisition Officer, dated 28/1/1986.

(2.) THE case of the appellant is that the Government of Goa has acquired some land for the purpose of construction of approach road to nerul Bridge on Nerul side. For that purpose Section 4 of the Act was published on 29/12/1983. The appellant is the owner of a plot admeasuring 649. 50 sq. metres which is a developed plot wherein his bungalow has been constructed. Out of that, an area comprising of 130 sq. metres has been acquired by the Government for the purpose of approach road to nerul Bridge. It is further the case of the appellant that what was acquired is the front portion of the house which is thus affecting the use of the french windows of the entrance hall. The appellant was awarded by the land Acquisition Officer a compensation of Rs. 35 per sq. metre for the land acquired and Rs. 10,000 was also paid to him as a lumpsum towards severence of the land In respect of the compound wall with gates and also for the road which was included in the area acquired he was given a total compensation of Rs. 10,373. 00.

(3.) AGGRIEVED by the Award of the Land Acquisition Officer, the appellant has approached the District Court and the learned Addl. District judge by the impugned award has enhanced only the rate awarded by the land Acquisition Officer as far as the land acquired is concerned from rs. 35 to Rs. 50. The compensation awarded towards severence and in respect of the compound wall and road was maintained.