SPECIAL LAND ACQUISITION OFFICER Vs. BALKUST YESSU SAWANT

JUDGEMENT

(1.) THE appellants challenge the judgment and award dated 31.7.1999 passed by the Additional District Judge, South Goa, Margao in Land Acquisition No.139/95.

(2.) BY Notification dated 24.7.1991 issued under Section 4 of the Land Acquisition Act (the Act for short) the Government acquired for Konkan Railway Corporation Ltd. large chunks of land situated at Nagarcem, Palolem in Canacona Taluka. Property bearing survey no.196/2 Part admeasuring 3060 square meters belonging to the respondents Balkust Yessu Sawant, the original applicant before the reference Court, was part of the acquired land. The said land was paddy field. The Special Land Acquisition Officer by his award dated 9.12.1993 awarded Rs.9/� for the acquired land. Aggrieved by the said award, the original applicant sought reference under Section 18 of the Land Acquisition Act and claimed compensation of Rs.120/� per square meter. The reference Court relying upon the Sale Deed dated 7.6.1990 (Exhibit AW2/E) by which the original applicant sold part of the land bearing survey no.196/2 to Shri Sudesh Raikar fixed the compensation in respect of the acquired land at the rate of Rs.26/� by giving 10% increase from the date of the Sale Deed i.e. 7.6.1990 (Exhibit AW2/E).

(3.) PER contra, Mr. Kamat appearing for the respondents submitted that the reference Court was absolutely justified in placing reliance on the Sale Deed dated 7.6.1990 (Exhibit AW2/E) since it was in respect of the remaining portion of the same property bearing survey no.196/2. The learned Counsel further submitted that the Apex Court has consistently held that increase of 10% per year has to be granted while fixing the market rate.