STATE OF GOA Vs. ROQUE FRANCISCO RODRIGUES

JUDGEMENT

(1.) THIS First Appeal is directed against the Judgment and Award dated 4th January, 1999 passed by the Addl. District and Sessions Judge, South Goa at Margao in Land Acquisition Case No.199/89 arising out of reference under Section 30 of the Land Acquisition Act, 1894.

(2.) THE Notification under Section 4(1) of the Land Acquisition Act, 1894proposing acquisition of an area of 350 sq.metres from Survey No.2/5 of village Dharbandora along with other land for extension of National Highway 4A Panaji- Belgaum road was published in Government Gazette on 23.09.1986. The Land Acquisition Officer in its Award dated 4.01.1999concerning the aforesaid land observed that from the material placed before him it appears that the Government of Goa, Daman and Diu was the occupant and Roque Francisco Rodrigues had other rights. He referred the matter to the District Court for adjudication of the claim under S.30 of the Land Acquisition Act, 1894. In the proceedings under S.30 of the Land Acquisition Act, the claimant examined Eudes Rodrigues (AW1). He produced the licence obtained from Sanguem Municipal Council for extension of the house and also the application made by the original claimant (his father) for the grant of land. Both these documents were marked as Exh.AW1/A and AW1/B.

(3.) THE Reference Court after hearing the parties and on the basis of the evidence on record held that the claimant was entitled to compensation in respect of 63 sq.m. where his house was situate and the State Government was entitled to the compensation with regard to an area of 287 sq.m. to complete the narration of facts, it may be noticed here that for the acquisition of the entire area of 350 sq.m. from Survey No.2/5 of village Dharbandora the Land Acquisition Officer determined the compensation atRs.3751/- . In other words as per the Reference Court the claimant shall been titled to about Rs.750/- and the State Government was entitled to aboutRs.3000/- .