COMMUNIDADE OF SANCOALE Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) The Communidade of Sancoale takes exception to the award by the Third Additional District Judge, South Goa, Margao in Land Acquisition Case No. 129/1990 whereby the learned Judge enhanced compensation for Communidade lands acquired by the State from Rs. 3/- to Rs. 5.40 per sq.mtr. against the claim of Rs. 75/- per sq.mtr.

(2.) By Notification dated 17-4-1984 under section 4 of the Land Acquisition Act an area of 1,89,800 sq.mtrs. of land belonging to the appellant in Sancoale village was sought to be acquired for rehabilitation of slum dwellers. This land was situated in Survey No. 89. The Land Acquisition Officer awarded compensation at the rate of Rs. 3/- per sq.mtr. relying on an instance of sale of 29,847 sq.mtrs. of land bearing Survey No. 39/1 in village Dabolim which was sold on 24-2-1982. The Land Acquisition Officer refused to rely on the instances of sale of other lands, particularly one dated 6-8-1982, Survey No. 1/1 admeasuring 3555.50 sq.mtrs., sold at the rate of Rs. 4.50 per sq.mtr.

(3.) Being aggrieved by the award, the Communidade sought a reference to be made to the District Court under section 18 of the Land Acquisition Act. The claimant claims for compensation at the rate of Rs. 75/- per sq.mtr. on the basis of various sale instances, as also an award in Land Acquisition Case No. 58/1987 wherein the District Court had granted compensation at the rate of Rs. 20/- per sq.mtr. for 13,500 sq.mtrs. of land out of survey No. 109 of village Sancoale.