DEPUTY COLLECTOR Vs. ALVARO D SOUZA FARIA

JUDGEMENT

(1.) BOTH these appeals are being disposed of by this common Judgment as the parties involved in the appeals are the same as well as the issue involved is also the same and both these appeals arise from the same Award given by the reference Court under Section 18 of the Land Acquisition Act (hereinafter, referred to as the Act,) pertaining to the adjacent land of Village Seraulim, Salcete Taluka.

(2.) I have heard the learned Counsel for both the parties. Perused the record. The appeal is preferred by the State against the Award under Section 18 of the Act passed by the Additional District Judge, Margao whereby the reference of the respondent claimant was partly allowed and the rate of compensation of the acquired land was fixed at Rs. 52/ per sq. metre as against the rate which was awarded by the Land Acquisition Officer at the rate of Rs. 4/ per sq. metre. In fact, the claimant had demanded the rate of Rs. 700/ per sq. metre, which prayer came to be rejected.

(3.) BY notification under Section 4 of the Act, the State acquired the impugned property consisting of Survey No. 92/0, consisting of 4900 sq. metres of land involved in First Appeal No. 38/03 and land of 3 plots consisting of survey numbers 28/1, 28/7, 28/18 and 33/1, totally consisting of 1250 sq. metres in First Appeal No. 44/03 from Village Duncolim, Seraulim for the purpose of construction of a road from Arcaband to Murida Pequeno Duncolim and Seraulim in Salcete Taluka. The Land Acquisition Officer, as noted above, offered the compensation of Rs. 4/ per sq. metre and, therefore, unsatisfied claimant referred the reference under Section 18 of the Act.