STATE OF GOA Vs. MURLIDHAR NADKARNI

JUDGEMENT

(1.) This first appeal under section 54 of the Land acquisition Act, 1894 is at the instance of the State of Goa, through the Special land Acquisition Officer and the Executive Engineer, Works Division X, irrigation Department, Panimol, Sanguem, Goa.

(2.) The Additional District Judge, South Goa, at Margao in Land acquisition Case No. 264/93 which was a reference under section 28-A (3) of the land Acquisition Act. 1894 redetermined the compensation awarded to the respondent by the Special Land Acquisition Officer.

(3.) The facts, in nutshell, are :" (i) On 2-12-1971, the Notification under section 4 of the Land acquisition Act was published in the Government Gazette proposing acquisition of the land admeasuring 9,70,525. 00 sq. metres from Xelpem village for Salaulim Irrigation Project Dam and submergence area (ii) Plot No. 107 of Xelpem Village belonging to the present respondent (hereinafter, referred to as the "expropriated owner") was part of the acquisition of the aforesaid land. (iii) Acquisition of the aforesaid land was completed and the award under section 11 of the Land Acquisition Act came to be passed by the special Land Acquisition Officer in the year 1973, whereby he awarded compensation of Re. 1/- per sq. metre for mixed garden area of 7800 sq. metres; Re. 00. 75 per sq. metre for bharad area of 2400 sq. metres; Re. 00. 75 per sq. metre for cashew area of 1400 sq. metres; Rs. 10/- for each jack fruit tree, mango tree and cashew tree; Rs. 100/- each for each adult coconut tree and Rs. 75/- each for other coconut trees. The compensation as awarded by the Land Acquisition Officer was received by the expropriated owner along with other statutory benefits under protest. But he did not make any application seeking reference under section 18 of the Land Acquisition Act. (iv) Under same acquisition proceedings, the land of one Narendra nadkarni also came to be acquired. He sought a reference. That was registered as Land Acquisition Case No. 387 of 1981 and the District judge, South Goa at Margao by Award delivered on 12-10-1990, enhanced the compensation payable to the said Narendra Nadkarni. (v) The expropriated owner, on the basis of the Award dated 12-10-1990 passed in the case of Narendra Nadkarni, applied for re-determination of compensation under section 28-A of the Land Acquisition Act. (vi) In redetermination proceedings under section 28-A, the Special Land acquisition Officer granted Re. 1 per sq. metre for bharad land and Rs. 800/- per tree for the jack fruit trees. He declined to redetermine the compensation for mixed garden land, cashew land as also the compensation for mango and cashew trees. (vii) Aggrieved by the Award passed by the Special Land Acquisition officer under section 28-A (2) , the expropriated owner sought a reference under section 28-A (3). (viii) The reference Court partly allowed the reference. The reference court redetermined the compensation for cashew land @ Re. 1 per sq. metre; the market value of each mango tree was fixed at Rs. 500/- and the market value of each cashew tree was fixed at Rs. 150/ -. In all, the reference Court enhanced the compensation by Rs. 11.125/- and directed that solatium at the rate of 30% shall be added thereto. The expropriated owner was held entitled to interest at the rate of 9% per annum from the date of taking over possession of the land upto the date of payment of such excess into Court for the first year and at the rate of 15% per annum from the date of the expiry of the said period of one year until the payment. 3a. As already noticed above, the Award passed by the reference Court, namely the District Judge, South Goa, Margao on 27-11-1998 is under challenge in this appeal. "