STATE OF GOA Vs. JAIWANT N GAONKAR

JUDGEMENT

(1.) THIS is a land acquisition appeal at the instance of the State. The land in question was notified under Section 4 (1) of the Land Acquisition Act on 10.08.1978. A large extent of the land was sought to be acquired at the instance of the said Notification measuring 53005 Sq.Mtrs . in S.No.45 of Codar village of Ponda Taluka .

(2.) THE Land Acquisition Officer passed an award on 21.03.1980. He classified the land into two groups. The land admeasuring 2150 Sq.Mtrs . was classified as Coconut Plantation and the remaining extent of land as Cashew Plantation. The Land Acquisition Officer awarded the compensation at the rate of 0.75 paise per Sq.Mtr . for the land covered by Coconut Plants and at the rate of 0.50 paise per Sq.Mtr . for the remaining extent of land.

(3.) APART from the compensation in respect of the land, the Land Acquisition Officer has also awarded the compensation in respect of the trees standing in the said land such as Coconut, Cashew and Kokam , etc. The Land Acquisition Officer has awarded an amount of Rs.5756/ . Against this, the Court below has enhanced that compensation and awarded an amount of Rs. 9170/ for trees. No document has been produced before the Court below by the Respondents for establishing either the land value of the property or to arrive at the valuation of the trees standing in the property. Three witnesses were examined on behalf of the respondents before the Court below. Three witnesses were also examined on behalf of the State. A.W.1 is a retired Director of Agriculture. He has produced the report of valuation made by him in the year 1985. He also deposed about the report and he made certain valuation about the land and the trees standing in the property. A.W.2 is the Claimant and A.W.3 is Surveyor who has stated that he had occasion to survey the land in 1972. R.W.1 is a Agriculture Officer who made the valuation of the trees in the properties and submitted a report in the year 1979.