STATE OF GOA Vs. SURESH V KAMAT WAGH

JUDGEMENT

(1.) THE State has preferred this appeal against the Award passed in Land Acquisition Case No. 29/98 by the Addl. District Judge, Panaji dated 30th August, 2001, allowing the reference under Section 18 of the Land Acquisition Act, filed by the claimant awarding rate of compensation to the entire land at the rate of Rs.180 per sq. metre along with all statutory benefits.

(2.) HEARD both the parties. Perused the records. By Notification under Section 4 of the Land Acquisition Act ('the said Act' for short) published on 25th May, 1995, the land of the claimant was acquired for construction of a road at Chimbel of Tiswadi Taluka. The Land Acquisition Officer awarded compensation of Rs.20 per sq. metre. Not being satisfied with the rate awarded by the Land Acquisition Officer, the claimant moved an application for enhancement, which was subject matter of reference under Section 18 of the said Act.

(3.) THE learned reference Court was of the view, on the basis of the available evidence, that though the rate of compensation of the acquired land could not be granted at the rate of Rs.600 per sq. metre as claimed by the claimant, the claimant was entitled to rate of Rs.180 per sq. metre, and accordingly, the reference came to be allowed, in part. Hence, the present appeal.