STATE OF GOA Vs. JOAQUIM B CRASTO

JUDGEMENT

(1.) THE IInd Additional District Judge, South Goa, at Margao in Land Acquisition Case No.157/92 by his Judgment and Award dated 5.1.1999 fixed the market value of the acquired land at the rate of Rs.100/-per sq. metre on the date of publication of Notification under Section 4 of the Land Acquisition Act. Aggrieved thereby, the present first appeal has been preferred by the State of Goa through the Deputy Collector (Land Acquisition Officer) at Quepem and the Executive Engineer, P.W.D. (W.D.XXV), Gogal Margao.

(2.) THE Government of Goa issued Notification dated 11.5.1988 that was published in the Official Gazette on 4.8.1988 whereby the land admeasuring 305 sq. metres from the property surveyed under Survey No.433/4 of Village Chinchinim, Salcete Taluka along with other land was sought to be acquired for widening and improvement of National Highway No.17. Survey No.433/4 in all admeasured 875 sq. metres. The Land Acquisition Officer vide his Award dated 11.10.1991 awarded compensation at the rate of Rs.13/- per sq. metre. The respondent herein (claimant) was dissatisfied with the award of the Land Acquisition Officer and sought a reference claiming compensation of the acquired land at the rate of Rs.200/- per sq. metre. The claimant also claimed that he was entitled to Rs.20,000/- towards the const ruction of retention wall and compensation for 12 coconut trees standing on the acquired land at the rate of Rs.3000/- per coconut tree.

(3.) THE Reference Court, in the light of the evidence that was produced before it, after hearing the parties, fixed the market value of the acquired land as on 4.8.1988 at the rate of Rs.100/- per sq. metre. The Reference Court held that the claimant was not entitled to compensation for the coconut trees at the rate of Rs.3000/- per coconut tree and, accordingly, disposed of the reference on 5.1.1999.