SPECIAL LAND ACQUISITION OFFICER (SOUTH GOA), KONKAN RAILWAY CORPORATION LTD. GOA AND ANOTHER Vs. UTTAM RAMA NAIK DESSAI (D). REP. BY HIS L. HEIRS.

JUDGEMENT

(1.) By this appeal, the appellants challenge Judgment and Award dated 18.04.2001, passed by the Additional District Judge III (South Goa), Margao in Land Acquisition Case No.145/1995.

(2.) By Notification dated 24.7.1991, issued under Sec. 4(1) of the Land Acquisition Act, 1894 (hereinafter, referred to as 'the Act'), the Government acquired for Konkan Railway Corporation Ltd., large chunk s of land, situated at Nagarcem-Palolem in Canacona Taluka admeasuring 1810 sq. metres bearing Survey Nos. 48/11, 56/4, 57/1 7 and 57/1 8 belonging to the original applicant Uttam Rama Naik Dessai, who died during the pendency of Land Acquisition Case No.145/1 9 9 5, were part of the acquired land. An area of 600 sq. metres bearing Survey No.56/1 8 in respect of which said Uttam Naik Dessai was tenant , was also acquired. The lands acquired are paddy fields. The Special Land Acquisition Officer, by his Award dated 9.12.1993, awarded Rs. 8.10 per sq. metre for the tenanted paddy fields and Rs. 9.00 per sq. metre for the non- tenanted paddy fields. The Special Land Acquisition Officer awarded Rs. 8.10 per sq. metre to the tenant s of the paddy fields and 0.40 paise to the owners of the paddy fields.

(3.) Being dissatisfied, said Uttam Naik Dessai sought reference. As stated above, during the pendency of Land Acquisition Case No.145/1 9 9 5, the original applicant expired and his legal representatives were brought on record. The reference Court enhanced the compensation in respect of the paddy fields to Rs. 24/- per sq. metres, relying upon the Award dated 15th March, 1989 in respect of land acquired for an approach road to Talpona-Galgibag bridge in Canacona Taluka. The Award was in respect of an area of 1,34,400 sq. metres acquired by Notification dated 30/4/1986, issued under Sec. 4(1) of the Act. The reference Court awarded the entire compensation in respect of Survey Nos. 48/11 and 56/4, in favour of the applicant and in respect of Survey Nos. 57/17 and 57/18, the reference Court awarded ⅓rd share in favour of the original applicant. In respect of survey No.56/18, reference Court also awarded 50 % of excess compensation in favour of the applicant.