LAWS(BOM)-2005-10-201

STATE OF GOA Vs. VERONICA FERNANDES DIAS

Decided On October 07, 2005
STATE OF GOA Appellant
V/S
VERONICA FERNANDES DIAS Respondents

JUDGEMENT

(1.) IN this First Appeal the Land Acquisition Officer, South Goa, Sub Division III and the Executive Engineer W.D. XXIV, P.W.D., Gogol, Margao seek to challenge the legality and correctness of the Judgment and Award dated 5th January, 1999 passed by IInd Addl. District Judge, South Goa, Margao in Land Acquisition Case No.323/1992 which pertained to acquisition of 120 sq.m. of land from property under Survey No.43/5 situated at village Chinchinim, Taluka Salcete belonging to the respondent.

(2.) THE State Government issued Notification under S.4 (1) of the Land Acquisition Act dated 11.5.1988 that was published in the Official Gazette on 4.8.1988 for acquisition of the aforesaid land along with other land for widening and improvement of National Highway No.17. Upon conclusion of the acquisition proceedings, the Land Acquisition Officer fixed the market value of the acquired land at Rs.16 per sq.m. and offered compensation accordingly. The respondent claimant (owner) was dissatisfied with the offer of compensation made by the Land Acquisition Officer and, accordingly, sought reference under S.18 of the Land Acquisition Act. The matter was, thus, referred by the Land Acquisition Officer to the Civil Court.

(3.) THE present appellants did not lead any evidence in rebuttal.