GOVERNMENT OF GOA Vs. JAGANNATH VAMON KHALAP

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act of 1894 (hereinafter referred to as the said Act ). The appellant No. 1 is the State of Goa and appellant No. 2 are M/s. Kadamba Transport Corporation Ltd. The land which is the subject matter of this appeal was acquired by the first appellant i. e. State of Goa. The respondents herein are the Claimants whose land was acquired. In this appeal the appellants have challenged the judgment and decree of the District Court enhancing the compensation awarded by the Land Acquisition in respect of the acquired land belonging to the respondents/claimants.

(2.) WE will briefly advert to the factual aspects.

(3.) THE Notification under Section 4 (1) under the Land Acquisition Act is dated 19th January, 1982 which was published in the Official Gazette dated 28. 1. 1982 where under the land belonging to the Claimants forming part of Survey No. 355/12 admeasuring 950 sq. metres and survey No. 350 (part) admeasuring 2375 sq. metres totalling 3325 sq. metres was proposed to be acquired. The Land Acquisition Officer who conducted the inquiry under the said Act by his Award dated 31st August, 1984 has awarded a sum of Rs. 10/- per sq. metre as marked value of the land.