SHANTARAM SHANKER BHAGAT Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS First Appeal is directed against the Judgment and Award dated 23rd July, 1999 passed by the District Judge, South Goa, Margao (Reference Court), in Land Acquisition Case No.94/95.

(2.) A large tract of land was acquired for the purposes of new Broad Guage Line for Konkan Railway pursuant to Notification under Section 4 of the Land Acquisition Act, 1894 that was published in the Official Gazette on 4th July, 1991. This Appeal concerns that acquisition of land ad measuring 1102 sq. mts. from survey nos.105/13 and 95/6 of Chaudi village of Canacona Taluka. Alongwith the aforesaid land, land out of various other survey numbers situated at Chaudi village, Canacona, was acquired pursuant to the Notification afore referred. Out of 1102 sq. mts. of land, the appellants were owners of 307 sq. mts. of the land bearing survey No.105/13 and they were tenants of one Ramdeo Swami Partagal in respect of an area of 795 sq. mts. from survey No.95/6. For the compulsory acquisition of the aforesaid land of 1102 sq. mts., the Special Land Acquisition Officer awarded compensation at the rate of Rs.9/- per sq. mt. The appellants were held entitled to 60% of the compensation and the owner Ramdeo Swami Partagal was held entitled to 40% compensation. The appellants aggrieved by the inadequate compensation awarded by the Special Land Acquisition Officer, sought reference and the matter was referred to the Court of the District Judge, South Goa, Margao. The appellants claimed the compensation at the rate of Rs.120/- per sq. mt. They set up the case that the acquired land was two crop land. Before the Reference Court, the appellants produced the Sale Deed dated 31st October, 1988 in relation to the plot of land ad measuring 1300 sq. mts. situated at Gullem within the municipal limits of Canacona. In support of their claim for enhancement of compensation, the appellants examined Agnelo Estevo Barreto, as A.W.1 and Shantar am Bhagat (appellant No.1), as A.W.2.

(3.) THE Reference Court held that the Sale Deed dated 31st October, 1988 relied upon by the appellants for enhancement of compensation cannot be the basis for the determination of the market value of the acquired land. The evidence of A.W.1 and A.W.2 was found not acceptable. The Reference Court also observed that the claimants did not come to the Court with clean hands and they suppressed the fact that they were tenants in respect of land ad measuring 795 sq. mts. bearing survey No.95/6 and were absolute owners only in respect of 307 sq. mts. of land bearing survey No.105/13. Consequently, the Reference Court by the Judgment and Award dated 23rd July, 1999, rejected the reference. Aggrieved thereby, the present appeal has been preferred.