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 : by Notification dated 23-9-1972, issued under the provisions of section 4 (1) of the said Act and published in the Official Gazette on 12-10-1972, the Acquisition Authority proposed to acquire a chunk of land admeasuring 13,01,903 sq. metres, belonging to the claimant herein for the purpose of University Campus. The Land Acquisition Officer, who held an inquiry, after issuance of Notification, awarded a sum of Rs. 2/- per sq. metre for a land which was level, admeasuring about 1,79,100 sq. metres and for the rest of the land, awarded compensation at the rate of 40 paise per sq. metre. The Land Acquisition Officer also awarded costs to the claimant amounting to Rs. 3,000/- and other permissible benefits under the provisions of the said Act. The claimants as they were not satisfied with the compensation awarded as aforesaid, sought reference as provided under section 18 of the said Act and claimed a sum of Rs. 15/- per sq. metre in respect of the land, where a compensation at the rate of Rs. 2/- per sq. metre was awarded and for the rest of the land, claimed a compensation at the enhanced rate of Rs. 12/- per sq. metre, in place of 40 paise per sq. metre. The Reference Court has rejected the said reference of the claimant and it has approached this Court, in appeal. The Reference Court on consideration of the evidence placed before it, held that the claimant has failed to establish its claim for the enhancement of compensation and then proceeded to dismiss the same. As stated above, the appellant has questioned the said findings of the Reference Court.

(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.