LAWS(BOM)-2015-11-120

STATE OF GOA Vs. SUPERINTENDENT OF POLICE

Decided On November 19, 2015
STATE OF GOA Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The appellants in both the cases have acquired a land surveyed under Survey Nos. 150 and 151 to the extent of 1,640 square meters each, situated at village Taleigao, Tiswadi Taluka for the purpose of construction of police outpost at Taleigao. The respondents in both the above appeals have preferred a reference under Section 18 of the Land Acquisition Act, 1894, bearing Land Acquisition Case Nos. 130/1996 and 131/1996 respectively. Both the references were referred to the Civil Court under the provisions of Section 18 of the Land Acquisition Act, 1894.

(2.) The claimant/respondent in First Appeal No. 269/2002 filed a Land Acquisition Case No. 130/1996 and thereby contended that land was acquired for the purpose of construction of police outpost by a notification dated 21.12.1991 under Section 4 of the Land Acquisition Act and a notification under Section 6 of the Land Acquisition Act was published on 11.02.1992 and the award was pronounced by the Land Acquisition Officer on 21.04.1994. The Land Acquisition Officer has granted compensation at the rate of Rs.65/- per square metre. Hence, both the respondents adduced evidence in order to prove the claim of the claimants in Land Acquisition Case Nos. 130/1996 and 131/1996 respectively.

(3.) The claimant/respondent in Land Acquisition Case No. 130/1996 adduced his oral evidence and relied on the copy of the award, certificate of Communidade, and judgment and order dated 08.04.1996 passed by the Mamlatdar at Exhibits 8 to 10. In addition to that, the claimant has examined the Valuer, Mr. S.N. Bhobe and has relied upon the contents of the three Sale Deeds dated 15.09.1987, 16.08.1989 and the valuation report. As against this, the witness Mr. Vilgirio Coutinho for the respondent has adduced his oral evidence.