SADASHIVA B NADKARNI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Both these appeals arise out of common award granted by the additional District Judge, Panaji under reference under section 18 of the Land Acquisition Act. First Appeal No. 287 of 2002 is filed by the claimant as he was not satisfied with the award granted by the Additional District court, whereas First Appeal No. 166 of 2003 is filed by the State against the enhanced compensation awarded by the Additional district Judge in Land Acquisition reference no. 37/1995. Hence, both the appeals are being disposed of by this common judgment.

(2.) Facts giving rise to the dispute in a nutshell are that vide notification published in the Official Gazette dated 21/05/1992, under section 4 (1) of the Land Acquisition act (hereinafter referred to as the 'said Act') , the State Government acquired land admeasuring 3900 sq. metres from Survey nos. 25/1 and 25/2 (3500 sq. metres from survey No. 25/ 1 and 400 sq. metres from survey No. 25/2) of Cotarli Village of sanguem Taluka for public purpose, on behalf of the District and Sessions Court, South goa, Margao. By award dated 30/06/1994, the Land Acquisition Officer awarded Rs. 4/- per sq. metre as compensation for 3500 sq. metres of acquired land from Survey No. 25 /1 and Rs. 3. 60 per sq. metre as compensation for 400 sq. metres of acquired land from Survey No. 25/2 and further compensation of Rs. 300/- for two small cashew trees existing in the acquired land. Not being satisfied with the compensation awarded by the Land Acquisition Officer, the claimant filed an application under section 18 of the Land Acquisition Act before the Land Acquisition Officer, which gave rise to the reference, which ultimately landed in the District Court, Panaji.

(3.) The applicant claimed Rs. 60/ - per sq. metre as the market value of the acquired land and Rs. 1,000/- towards the cashew trees. Further, according to the applicant, on account of the acquisition, an area of 418 sq. metres of land of the applicant has been severed and rendered completely useless and for this purpose, the applicant claimed compensation at the rate of Rs. 60/- per sq. metre.