COMMUNIDADE DE BOMA Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal has been filed by the original claimant under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act" for brevity sake), wherein the appellant has challenged the judgment dated 28-6-1988, passed by the Addl. District Judge, South Goa, at Margao in Land Reference Case No. 296 of 1981, rejecting the application of the claimant for enhancement of the compensation awarded.

(2.) We will advert to the facts briefly relevant in the matter :

(3.) The claimant adduced oral as well as the documentary evidence before the Reference Court. The claimant relied upon 3 sale instances, first dated 10-4-1968, covering a land of 2012 sq.metres, which was sold at the rate of Rs. 5/- per sq.metre and situated at a distance of 4.5 kms. from the acquired plot; second sale deed dated 11-9-1973, in respect of the land admeasuring 453 sq.metres, which was sold at the rate of Rs. 11.04 per sq.metre and which was situated at a distance of 1 km. from the acquired plot and third being dated 17-4-1973, admeasuring 275 sq.metres, sold at the rate of Rs. 18/- per sq.metre and situated at a distance of 2 kms. away from the acquired plot. In addition, the claimant also relied upon an Award in respect of the land admeasuring 5353 sq.metres, where the S.L.O. awarded Rs. 4/- per sq.metre, which was enhanced by the Reference Court to Rs. 9.60 per sq.metre. The said award related to the section 4(1) Notification dated 3-2-1968 and the land involved therein was at a distance of 9 kms. from the acquired plot and was situated on either side of the road.