JOAO FILIPE DO REGO Vs. DY COLLECTOR

JUDGEMENT

(1.) THE appellants in this appeal challenge the Judgment and award passed in Land Acquisition Case No. 42/1990 dated 27.01.1997 by the learned District Judge, Panaji, whereby the learned trial Judge dismissed the reference made by the appellants under Section 18 of the Land Acquisition Act.

(2.) THE appellants are the owners in possession of the property bearing P.T. Sheet No. 141 and Chalta No.1 situated at Miramar, Panaji, Goa. The respondents, by Notification, under Section 4 of the Land Acquisition Act, published in the Official Gazette dated 18.2.82 acquired about 2502 sq.metres of land of the above mentioned property at the rate of Rs.75/- per square metre. The appellants being dissatisfied with the compensation awarded, sought reference to the District Court for enhancement of compensation from Rs.75/- to Rs.1000/- per sq.m. As stated above, the learned District Judge dismissed the reference. Hence the present appeal.

(3.) WE have gone through the records and proceedings as well as the reasoning of the learned District Judge. In order to substantiate the claim of Rs.1000/- per sq.m. which was restricted to Rs.600/- per sq.m., as can be seen from the Judgment, the appellants have placed reliance on certain Sale Deeds. Sale Deed dated 18.6.82, under which 228 sq. metres situated about 1.5 kms. from the suit plot were sold at the rate of Rs.400/- per sq.m. (Exh.AW.1/B). The other Sale Deed is dated 22 December, 1982 under which 537 sq. metres of land was sold at the rate of Rs.494.20 and that plot is situated about 1.4 Kms. from the suit plot. Agreement of Sale dated 15.1.82 in respect of 575 sq. metres agreed to be sold at the rate of Rs.565/- per sq. metre and situated about 600 metres from the suit plot was relied upon as Exhibit AW.1/D. Apart from that, the report of the valuation of the suit plots based on Sale Deeds is also on record. One more Sale Deed in respect of the plots agreed to be sold at Exh.AW1/D dated 15.8.87 at Exhibit AW.2/A wherein the valuer has valued the suit plot at Rs.550/- per square metre is on record. The learned Trial Judge while referring to the aforesaid documents, observed that none of the sale deeds have been proved by examining either the vendor or vendee or the witnesses to those sale deeds. That being the position, no reliance can be placed on these sale deeds for the purpose of determining the market price.