FROILANO C R MACHADO Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS appeal arises from the Award dated 25th September, 1989 passed in Land Acquisition Case No.1887 by the Additional District Judge, South Goa, Margao. The appellant herein preferred an application under Section 18 for enhancement of the compensation awarded for his land acquired in pursuance of Notification under Section 4 of the Land Acquisition Act dated 9th February, 1971 for the purpose of diversion road Chicalim - Harbour - Part III. The Land Acquisition Officer had offered the rate of Rs. 35/- per square metre besides a sum of Rs. 1140/- for the trees existing in an area of 1580 square metres.

(2.) THE appellant herein being dissatisfied by the said offer preferred an application under Section 18 of the Land Acquisition Act for enhancement of the compensation at the rate of Rs. 200/- per square metre. Before the Reference Court, the appellant examined two witnesses including himself and the Valuer A. W. 2 Mr. Agnelo Mendonca. THE Reference Court after analysing the evidence on record arrived at the finding that the appellant had failed to make out any case for enhancement of compensation and therefore the reference was dismissed by the impugned award.

(3.) SHRI G. U. Bhobe, Learned Government Advocate appearing for the respondents, on the other hand submitted that the Reference Court after analysing the evidence properly and appreciating the material placed before the Reference Court has arrived at the correct finding that the appellant failed to prove his case for enhancement of the compensation. SHRI Bhobe drew our attention to the statement of A. W. 2 and more particularly to the cross-examination wherein A. W. 2 has clearly admitted that he is not an expert in agricultural land/farm valuation and that the land acquired was an agricultural land.