STATE OF GOA Vs. AGNELO JOSE AUGUSTO PINTO

JUDGEMENT

(1.) The appellants state of Goa through the Deputy Collector and land Acquisition Officer and the Executive engineer, Works Division I, P. W. D. are challenging the Judgment and Order passed by the District Judge, North Goa. Panaji in Land acquisition Case No. 5/93. By the said judgment and order dated 9-7-1999 and which was reviewed in Review Petition No. 5/99 the district Judge was pleased to enhance the compensation awarded by the Special Land acquisition Officer from Rs. 4.50 and Rs. 6/- per square metre to Rs. 38/- per sq. m. which was further increased in Review Petition to Rs. 89.25 per sq. m.

(2.) Brief facts which are necessary for deciding the present appeal are as under :-The Government decided to acquire land for the purpose of developing an institution complex at Curca, Bambolim, Calapur, taleigao and Dona Paula. For that purpose a notification was issued under S. 4 (l) of the land Acquisition Act 1894 on 28-1-1982. The total area which was sought to be acquired was 16277 sq. mts. comprising of New Survey no. 194 (part) and 195 of Calapur village (part of old survey No. 601). The Land Acquisition officer declared the Award on 15-10-1985 and granted the rate of Rs. 6/- per sq. m. for cashew area and Rs. 4.50 per sq. m. for sloppy area. The owners of the said land had claimed compensation at the rate of Rs. 150/- per sq. m. The Special Land Acquisition Officer after declaring the Award, took possession of the land on 22-1-1996. The admitted position about the location of this land is that it was 400 mts. from Panaji-Agacaim road and 400 mts. From market place of Calapur from Agacaim side. The bus stop, public transport, churches, schools are within the radius of 500 mts. Goa medical complex was within the radius of 2 kms. and Tamba Colony was within a radius of 2 kms. The land had all civic amenities like water, electricity, access, etc. and there were about 100 houses near the land which was sought to be acquired. Before the Land acquisition Officer, the claimants relied on the award granted in respect of part of old survey no. 601 which was acquired under Notification under Section 4 (1) which was published on 26-6-69 and which the Addl. District Court in LAC no. 79/86 in Reference under S. 18 had granted the price of Rs. 30/- per sq. m. Reliance was also placed on a Sale deed dated 27-11-67 which was a land of 400 m. from the acquired land and the land was sold at the rate of Rs. 22/- per sq. m. Reliance was also placed on Sale deed dated 18-12-68 which was at a distance of 500 m. from the acquired land in the present case and land was sold at Rs. 25/- per sq. m. which consisted of coconut garden. Reliance was thereafter placed on Sale Deed dated 1-3-69 which was about 1-1/2 km. from the acquired land in the present case. The land was sold at the rate of Rs. 30/- per sq. m. Reliance was also placed on the Sale Deed dated 10-12-85 which 1 km. from the acquired land and which was sold at Rs. 140/- per sq. m. as per the agreement of sale dated 20-8-1982 and lastly the claimants relied on Sale Deed dated 23-7-86 which was a land 1 km. from the acquired land and the rate was Rs. 150/- per sq. m. as on 28-12-81 as per the agreement of sale on the said date. The claimants examined an expert Sakharam bhende, A. W. 6 who gave his opinion that the value of the acquired land was at the rate of rs. 90/- per sq. mt.

(3.) Against the order passed by the land Acquisition Officer, Reference was filed before the District Court who which was pleased to increase the compensation by judgment and Order dated 9-7-1999 to Rs. 38/ - per sq. mt. Against the said Order, the government filed an appeal being First Appeal no. 107/1999. After the District Court enhanced the compensation to Rs. 38/- by Order dated 9-7-99, a Review Petition was filed in this Court being Review Application No. 5/1999 in which it was contended that there was an arithmetical error committed by the District Judge in calculating the compensation awarded to the applicants. This Review Application was allowed by Order dated 24-1-2000 and accordingly the compensation awarded was corrected to Rs. 89.25 from Rs. 38/ -. By that time, the First Appeal had already been filed by the State Government on 18-7-2000. Accordingly the grounds of objection were also amended and the Order passed in Review petition was also challenged in this First appeal.