STATE OF GOA Vs. JOSE MINGUEL FRANCISCO BRAGANZA

JUDGEMENT

(1.) GOVERNMENT acquired lands situated at Peddem and nearby places for purpose of construction of Mapusa by-pass road now known as National Highway 17, vide Section 4 Notification dated 26-2-1980. Land belonging to the respondent from Survey No.82/2, admeasuring 5631. 50 sq. metres situated at Peddem which falls within the Municipal limits of Mapusa, was also acquired. The Land Acquisition Officer awarded Rs. 5/- per sq. metre and besides that, he also awarded compensation for severance, fencing, as well as compensation for trees and the well existing in the acquired land. The respondent sought reference under Section 18 of the Land Acquisition Act claiming compensation at the rate of Rs. 100/- per sq. metre. He also sought enhancement in respect of compensation awarded for severance, fencing, well and trees.

(2.) THE respondent had examined 4 witnesses in all in the said Reference and the appellant examined 2 witnesses. Learned Additional District Judge, Panaji, by impugned Award dated 5th June, 1989, enhanced compensation relating to land from Rs. 5/- to Rs. 40/- per sq. metre. Besides that, he awarded Rs. 16,620/- as compensation for fencing as against Rs. 50,000/- claimed by the respondent; compensation of Rs. 5,900/- in respect of well as against the claim of Rs. 25,000/- of the respondent; compensation of Rs. 13,478/- for trees as against Rs. 15,000/- claimed by the respondent and Rs. 10,000/- as severance charges as against Rs. 50,000/- claimed by the respondent.

(3.) THE next challenge which has been advanced by learned Addl. Government Advocate Shri Bharne is that only such sale deeds or Awards can be looked into by the Reference Court which are comparable in nature to the land under acquisition. In support of the said proposition, he relied upon Pal Singh and others Vs. Union Territory of Chandigarh ( (1992) 4 S. C. C. 400) and Printers House Pvt. Ltd. Vs. Cold Storage and Food Products ( (1994) 2 S. C. C. 134 ).