STATE OF GOA Vs. DESIDERIO MENEZES

JUDGEMENT

(1.) -

(2.) THE State of Goa is the appellant in this appeal. In all there are 10 First Civil Appeals 9 filed by the State of Goa and one cross appeal by one of the Claimants which include the appeal herein in the group of 10 appeals. THE numbers of the other appeals in the group are; First Civil Appeal Nos. (1) 73/87 (2) 74/87 (3) 78/87 (4) 75/87 (5) 76/87 (6) 77/87 (7) 78/88 (8) 79/88 and (9) 59/89.

(3.) BEFORE we consider the relevant facts in the appeal herein, it would be appropriate to advert to certain common features and facts in these group of appeals. (i) The appellants issued the Notification bearing No. RD/LQN/352/79 dated 10-11-1980 under Section 4 of the said Act which was published in the Government Gazette dated 11-12-1980. The said Notification was followed by Government Notification No. RD/LQN/352/79 dated 7th September 1981 under Section 6 of the said Act and published in the Government Gazette on 24th September 1981. Vide the above Notifications the State proposed to acquire land admeasuring 22,020.76 Sq. Mtrs. belonging to various persons including the claimant in this appeal as also the claimants in other group of appeals as also others who are not before the court. The land was acquired for the purpose of providing approach road to Dramapur Bridge on National Highway No.17 at Salcete Tahsil. (ii) After issuance of the Notification the Special Land Acquisition Officer who held and conducted the inquiry proceeded to make award on 29th March 1982 awarding compensation in the form of market value of the land as also the trees where the same existed at different rates to the claimants before him which included the claimant herein as also the other claimants in other group of appeals. (iii) The purpose for which the lands were acquired is the same namely for providing approach road to Dramapur Bridge on National Highway No.17. The acquired lands are situated and located at the same place, and by and large the topographical situation and location as also the nature of the lands are similar.