LAWS(BOM)-2005-4-69

SPECIAL LAND ACQUISITION Vs. SUNIL DATTA BHAGAT

Decided On April 01, 2005
SPECIAL LAND ACQUISITION Appellant
V/S
SUNIL DATTA BHAGAT Respondents

JUDGEMENT

(1.) By this appeal, the appellants challenge judgment and award dated 25-8-2000, passed by the Additional District Judge III (South) margao in Land Acquisition Case No. 134/95.

(2.) By notification dated 12-8-1991, issued under section 4 (1) of the Land acquisition Act, 1894 (hereinafter, referred to as "the Act") , the Government acquired large chunks of land for the Konkan Railway Corporation Ltd. Lands belonging to the respondent bearing Survey Nos. 117 II, 105/9 and 106/2 admeasuring 1492 sq. metres, which were paddy fields, situated at Chaudi-Canacona, were part of the acquired land. The Special Land Acquisition Officer awarded Rs. 9/- per sq. metre.

(3.) Being dissatisfied the respondents sought reference. The Reference court relied upon the award dated 15-3-1989 and after holding that the acquired lands were similar to the lands in the said award dated 15-3-1989, fixed the compensation in respect of the acquired lands at the rate of Rs. 15 per sq. metre in 1986 and after giving increase of 10% every year on compounding basis, awarded Rs. 24/- per sq. metre.