STATE OF GOA Vs. FILOMENA PINTO

JUDGEMENT

(1.) THE IInd Addl. District Judge, Margao vide Judgment and Award dated 29th February, 2000 awarded the compensation for acquisition of barad land (garden land) admeasuring 365 sq. metres at the rate of Rs.100/ per sq.m. and paddy land admeasuring 1027 sq.m. at the rate of Rs.5/- per sq.m. Both the parties are dissatisfied by the said Judgment and Award. The State of Goa through the Land Acquisition Officer, Sought Goa, Sub Division Quepem and the Executive Engineer, Works Division XIV, P.W.D. Fatorda, Margao have preferred First Appeal aggrieved by the award of compensation for barad land admeasuring 365 sq. metres at the rate of Rs.100/- per sq.m. The claimants are aggrieved in respect of compensation for compulsory acquisition of paddy field admeasuring 1027 sq.metres. They have, accordingly, filed Cross Objections. Since the First Appeal and the Cross Objections arise out of the same Judgment and Award, both were heard together and are being disposed of by this common judgment.

(2.) THE Government of Goa, issued Notification on 23.5.1988 under Section 4(1) of the Land Acquisition Act that was published in the Government Gazette on 18.8.1988 whereby the land admeasuring 612sq.m. of the property surveyed under No.430/13 and 780 sq.m. of the property surveyed under No.433/8 of village Chinchinim, Salcete Taluka along with other land was sought to be acquired for widening and improvement of National Highway 17. The Land Acquisition Officer vide his Award dated 11.10.1991 offered compensation for an area of 175 sq.m. (barad land) out of survey No.430/13 and for an area of 192 sq.m. (barad land) out of survey No.433/8 at the rate of Rs.13/- per sq.m. The Land Acquisition Officer offered the compensation for an area of 437 sq.m.(paddy field) out of Survey No.430/13 and 588 sq.m. (paddy field) out of Survey NO.433/8 at the rate of Rs.5/- per sq.m. The respondents (claimants) were dissatisfied with the award of the Land Acquisition Officer and sought reference-claiming compensation for barad land at the rate of Rs.300/- per sq.m. and paddy field at the rate of Rs.150/- per sq.m.

(3.) ON behalf of the present appellants, H.N. Subramaniam (RW.1) was examined.