DEPUTY COLLECTOR Vs. RENATO R DIAS

JUDGEMENT

(1.) HEARD Mr. Manish Salkar, learned Government Advocate for the appellants and Mr. C.A. Coutenho, learned Advocate for the respondents.

(2.) THE original respondents -appellants have preferred this appeal against the judgment and award passed by the Adhoc District Judge -1, Fast Tract Court -I, South Goa in Land Acquisition Case No.91 of 2004 dated 15/12/2006, by which the learned Reference Court has enhanced the compensation of the acquired land i.e. for bharad land from Rs.24/ - per sq. mt. to Rs. 100/ - sq.mt. and for the paddy land from Rs.8/ - per sq. mt. to Rs. 20/ - per sq.mt. along with 30% solatium on the value of the land and the interest @12% per annum etc. Being aggrieved with the same, the original respondents have preferred this appeal, mainly on the ground that the learned Reference Court has not appreciated the oral as well as documentary evidence on record properly. The Reference Court has also not taken into consideration the relevant sale instances and its comparative value.

(3.) DURING the course of the arguments, Mr. Salkar, the learned Government Advocate appearing for the appellants, has argued that the acquired land is not connected to the route leading to the village and, therefore, 10% to 20% deduction was to be made. The learned Government Advocate further argued that the total acquired area is of 5800 sq.mt.; whereas the sale -deed of the plot is of 461 sq.mt. Therefore, the value/price of the sale -deed plot cannot be compared with the acquired land because small plot always fetches high value/price. Therefore, the price of the sale -deed land/plot cannot be considered for the purpose of determining the market value of the acquired land.