JOSE ALMEIDA Vs. THE SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Both the above appeals arise out of the judgment and award dated 14.01.2010 passed by the learned District Judge-2, FTC-II, Margao (Reference Court, for short), in Land Acquisition Case No. 50/2008. The appellants of First Appeal No. 50/2010, who are respondents in First Appeal No. 67/2011 were the applicants in the said Land Acquisition Case No. 50/2008, whereas the respondent in First Appeal No. 50/2010 who is the appellant no. 2 in First Appeal No. 67/2011 was the respondent in the said Land Acquisition Case. The parties shall hereinafter be referred to as per their status in the said Land Acquisition Case.

(3.) Vide notification issued under Section 4(1) of the Land Acquisition Act, 1894 (L. A. Act for short), published in the Official Gazette dated 13.12.2004 and in two newspapers (Sunaparant and Herald), both dated 18.12.2004, the Government acquired land for improvement and widening of the road from old survey office to T.V.S. showroom in the length of 1.00 km. in Margao city. This included an area of 70 square metres of land from Chalta No. 1 of P. T. Sheet No. 135, 16 square metres of land from Chalta No. 5 of P. T. Sheet No. 135 and 9 square metres of land from Chalta No. 1 of P. T. Sheet No. 154, all of City Survey, Margao (total area of 95 square metres). By award dated 15.11.2007, the respondent awarded compensation to the entire acquired land at the rate of Rs. 70/- per square metre. Not being satisfied with the offer made by the respondent, the applicants made an application for reference under Section 18 of the L. A. Act, which gave rise to the above Land Acquisition Case.