STATE OF GOA THROUGH THE LAND ACQUISITION OFFICER Vs. COMMUNIDADE OF MOROMBI-O-PIQUENO REPRESENTED BY ANTONIO D OLIVEIRA, ATTORNEY OF APPLICANT

JUDGEMENT

(1.) The State appeal is directed against the Award of the Reference Court in Land Acquisition Case No. 8/1980 delivered on 29.1.2000.

(2.) The Reference was under Section 18 of the Land Acquisition Act, 1894 ( for short "LA Act"). The Respondents/original applicants are the owners of the land under acquisition. The State Government acquired 4269 sq. metres of land belonging to the respondents/applicants by virtue of a Notification published under Section 4 of the LA Act in the Government Gazette on 20.8.1977. The public purpose was construction of commercial cum office premises of the Goa Housing Board. Out of the said area, an area of 4249 sq. metres is classified as cultivable waste land, 4 sq metres is classified as nallah and balance 16 sq. metres is classified as salt pan. The Land Acquisition Officer (LAO) awarded Rs. 25/- per sq. metre for the cultivable waste land, Rs. 20/- per sq. metre to salt pan land and no compensation for 4 sq. metres of nallah. The respondents in the Reference claimed Rs. 200/- per sq. metre as flat rate of compensation.

(3.) The Reference proceeded and, it appears that initially the reference Court made an Award dated 29.6.1991. It awarded to the respondents /applicants a market rate of Rs. 100/- per sq. metre for the area of the salt pan admeasuring 16 sq. metres and Rs. 125/- per sq. metre for the paddy land/cultivable waste land and Rs. 50/- per sq. metre for the nallah.