UNION OF INDIA Vs. MARIA OLIVIA CARVALHO

JUDGEMENT

(1.) This appeal by the Union of India is directed against the Award dated 27th Aug. 1984, made by the learned District Judge, Panaji, in a reference made to him under S.18 of the Land Acquisition Act, 1984.

(2.) By a Notification dated 19-11-1977, the Government notified that several pieces of land, situated at Bambolim and admeasuring, in all, 1,81,690 sq. mts., would be required for the purposes of 'Grenade Range'. Amongst the acquired plots, those bearing the Nos. 1 to 5 belonged to the respondents herein. The Land Acquisition Officer, in his Award, assessed the value of the said plots at the rate of Rs.3/-per sq. mt. and he further valued, separately, the cashew, mango and other trees standing on the plots.

(3.) Being aggrieved by the said compensation awarded by the Land Acquisition Officer, the respondents herein filed under S.18 of the Land Acquisition Act, a reference application praying that the matter be referred to the learned District Judge and a compensation at the rate of Rs.8/- per sq. mt. be paid to them. After reference was made, the learned District Judge, Panjim, by his Award dated 27th Aug. 1984, partly allowed the reference, and accordingly, enhanced the compensation awarded by the Land Acquisition Officer from Rs. 3/- to Rs. 5/- per sq. mt. It is against this Award that the present appeal was filed by the Union of India, on the ground that there was no reason for enhancing the compensation awarded by the Land Acquisition Officer.