STATE OF GOA Vs. VASSANT JOSHI

JUDGEMENT

(1.) THIS appeal arises from the Award dated 26th May, 1993 passed by the District Judge, South Goa at Margao in Land Acquisition Case No.162/1989. The said case arose consequent to an application under Section 18 of the Land Acquisition Act filed by the respondent herein being dis-satisfied by the Award of the Land Acquisition Officer in respect of acquisition of his land bearing Survey No.175/2 situated at Baina, Vasco da Gama pursuant to Notification under Section 4 issued on 7th February, 1995. The acquired property comprises of an area of 504 sq. metres and the value offered was at the rate of Rs. 20/- per sq. metre besides compensation of Rs. 17,000/- towards the coconut trees which were cut. The respondent claimed the rate of Rs. 200/-per sq. metre in his reference application.

(2.) THE respondent herein examined himself as A. W. 1 and Shri Rui Ribeiro Santana as A. W. 2 whereas the appellants herein examined one Executive Engineer as R. W. 1 before the reference Court. THE reference Court thereupon passed the impugned Award thereby enhancing the compensation to the tune of Rs. 162/50 per sq. metre besides granting solatium at the rate of 30% and additional compensation of 12% in terms of Section 23 (1-A) of the Land Acquisition Act. THE reference Court also awarded interest at the rate of 9% for the first year from the date of taking possession of the land and further at the rate of 15% for the subsequent period till the date of payment. It directed payment of the amount equivalent to the difference between the compensation awarded by the reference Court and already paid to the respondent pursuant to the Award by the Land Acquisition Officer. It also awarded costs of Rs. 3000/- to be paid by the appellants. Being dissatisfied, the appellants have preferred the present appeal.

(3.) THE evidence produced by the claimant includes the deposition of one Shri Rui Ribeiro Santana stated to be an expert valuer. However, his valuation is based on two Sale Deeds, namely, Exhibits 19 and 20, dated 10-4-1979 and 25-6-1981 respectively. However, both the Sale Deeds have not been proved as required by Law and neither the vendor nor the vendee has been examined. In absence of proof regarding the said Sale Deeds, the evidence of the valuer solely based on the said Sale Deeds cannot be relied upon to arrive at the market rate of the land acquired. Being so, no credence can be given to his deposition for the purpose of fixation of compensation for the acquired land.