SPECIAL LAND ACQUISITION OFFICER Vs. CHIEF ENGINEER

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Award dated 13th February, 2004 of the Additional District Judge ? III, South Goa, Margao in Land Acquisition Case No. 320/1995.

(2.) THE lands under acquisition are Survey Nos. 266/17, 266/21 and 268/6 ? part. The land, in all, admeasured 4767. 50 sq. metres and covered by the Notification dated 13. 3. 1991, published in the Government Gazette on 16. 5. 1991 under Section 4 of the Land Acquisition Act.

(3.) THE reference under Section 18 was decided in the light of the decision of the Reference Court in Land Acquisition Case No. 314/95, which was delivered in a reference under Section 18 with regard to the lands which are adjacent to the instant survey numbers and belonging to the same family. The lands that are presently covered belonged to one branch; whereas with regard to the land of the other branch, it is covered by Land Acquisition Case no. 314/1995. In LAC 314/95, the Reference Court granted compensation at the rate of Rs. 268/-per sq. metre. This instance was relied upon and is a piece of evidence as far as present reference is concerned.