STATE OF GOA Vs. PRISCA FERNANDESE FERRAO

JUDGEMENT

(1.) BY this appeal, the appellants have challenged the order of the District Judge, Panaji, dated 7/6/1999 only partly allowing the reference under Section 18 of the Land Acquisition Act, fixing the market rate of the acquired land at the rate of Rs. 14. 40 per sq. metre besides statutory benefits which were awarded to the claimant. The civil revision application is filed on the ground that there was an error apparent in the calculation of the price while passing the award on the basis of the reasoning recorded by the reference Court.

(2.) THE respondent claimant filed a reference under Section 18 of the Land Acquisition Act as her land comprising survey No. 189/0 of Village Mulgao of Bicholim Taluka consisting 8975 sq. metres came to be acquired by the Notification under Section 4 of the Land Acquisition Act, ("the said Act", for short) published in the Gazette dated 7/11/1991. The Land Acquisition Officer had fixed the market value of the acquired land at the rate of Rs. 8/ per sq. metre for the purpose of payment of compensation. Being unsatisfied by the rate fixed, the reference came to be made under Section 18 of the said Act claiming that the proper rate of the suit land was Rs. 30/ per sq. metre.

(3.) THE District Judge, Panaji adjudicated the reference on the basis of the available evidence which was led by both the parties and came to the conclusion that the claimant had proved that the market price of the area acquired from the property as fixed by the Land Acquisition Officer was inadequate and proceeded to fix the market value at the rate of Rs. 14. 40 per sq. metre and denying the total claim of Rs. 30/ per sq. metre. Accordingly, the reference was partly allowed. Hence, the present appeal on behalf of the State is filed. Similarly, the Civil Revision Application is filed on the ground that even on the basis of the reasoning adopted by the learned District Judge, the fair market price of the impugned land should have been calculated at Rs. 28/ per sq. metre and, therefore, there is error apparent on record in calculating the market price.