UNION OF INDIA AND OTHERS Vs. MARIA JULIA VIEGAS; JOSE ROQUE DROCHA MACHADO; GOVERNMENT OF GOA AND OTHERS

JUDGEMENT

(1.) This is a bunch of appeals by the Union of India and some private parties against four Awards made by the District Judge, South Goa, in four separate References made under Section 18 of the Land Acquisition Act, 1894, in respect of the acquisition of several plots of land by the Government for the public purpose of reservation of land for sewage treatment plant at Baina. The issues that they give rise to are substantially the same and hence, this common judgment.

(2.) By a Notification dated 15th March, 1971, published in the Government Gazette dated 25th March, 1971, the Government notified under Section 4 of the Land Acquisition Act that some plots of land situated at Baina, Vasco da Gama, were likely to be needed for the public purpose of reservation of land for sewage treatment plant. Thereafter, a Notification under Section 6 was issued on 28th April, 1972, being published in the Government Gazette dated 11th May, 1972. Among others, plots of land belonging to the applicants Mrs. Maria Julia Viegas, Jose Roque Da Rocha Machado and Froilano Garni oh no Da Rocha Machado and of the Cofre da Capela da Nossa Senhora de Candelaria de Baina, Vasco da Gama, had been the subject-matter of the acquisition proceedings and were ultimately acquired for the said public purpose by the Government The land belonging to Mrs. Maria Julia Viegas, which was acquired by the Government, was consisting of three plots, namely plots No 831. 850, admeasuring respectively 388 sq. mts., 904.50 sq. mts. and 267 sq. mts. The nature of the said land was 'Morod' and there were a few coconut trees in the said land. The plots belonging to Jose Roque De Rocha Machado and Froilano Carmelino Da Rocha Machado consisted of the plots No.820, 837, 851, 861, 870, 874, 876 and 878, having respectively the areas of 397 sq. mts., 1162 sq. mts. 1015 sq. mts., 416.50 sq. mts., 1636.50 sq. mts., 598 sq. mts., 161 sq. mts. and 1154.50 sq. mts. Finally, the land belonging to the Cofre de Capela da Nossa Senhora de Candelaria de Baina, Vasco da Gama, was comprising the Plots No. 819 and 883 respectively with the areas of 293 sq. mts. and 176.50 plus 88.50 sq. mts. The land Acquisition Officer in his Award dated 26th February, 1975, granted a compensation at the flat rate of Rs.3/- per sq. mt. for the rocky land and Rs. 10/- per sq. mts. as regards the other land. Dissatisfied with this compensation, the aforesaid parties moved applications under Section 18 of the Land Acquisition Act and hence, reference were made to the District Judge, South Goa, for the purpose of fixing the fair compensation.

(3.) As regards the plots No. 831 and 850, the applicant Mrs. Maria Julia Veigas had claimed in her application for reference of the case, under Section 18 of the Land Acquisition Act, to the District Court, a compensation of Rs. 50/- per sq. mts. and she has not at all claimed any enhancement of the compensation as regards the house existing in the property. However, after the reference was before the District Judge, by an application labelled as "Written Statement" dated 25th August, 1982, the said Mrs. Viegas claimed that the compensation be enhanced to Rs. 100/- per sq. mt. and that the compensation for coconut trees should be at the rate of Rs. 600/- per tree. The learned District Judge by two Awards dated 31st January, 1985, enhanced the compensation as regards the land in the three plots to Rs. 65/- per sq. mt. and to Rs.600/- per coconut tree. He also fixed the compensation as regards the house existing in one of those plots at Rs. 30,000/- plus Rs.1,500/- for the well.