STATE OF GOA Vs. G K SALELKAR

JUDGEMENT

(1.) HEARD learned Counsel on behalf of both parties.

(2.) THIS appeal is directed against Judgment/award dated 27-7-1999 of the learned Reference Court by which compensation for 15 mango trees has been enhanced to Rs. 400/-per tree and for 195 cashew trees to Rs. 150/-per tree, with consequential statutory benefits.

(3.) BRIEFLY stated, Applicants' (Respondents herein) vast property along with various types of trees was acquired by Notification published under Section 4 (1) of the Land Acquisition Act, 1881 on Gazette dated 2-12-1971. The applicants did not prefer any reference for enhancement of compensation either for land acquired or trees existing thereon but after a reference was made by shri Narendra Nadkarni in L. A. C. No. 387 of 1981 and decided, that the applicants preferred an application under Section 28-A of the said Act, for re-determination of the market value of the land, trees and houses. It appears that the Applicants claim for enhancement towards land was accepted by the L. A. O. but as regards trees and houses it was rejected and against this rejection that the applicants preferred a reference under Section 28-A (3) of the said Act claiming enhanced compensation for jack fruit trees, mango trees, tamarind trees, etc. and on the basis of which issue no. 3 was framed and which has been answered partly by the learned Reference Court in favour of the Applicants and the compensation payable towards the mango trees has been enhanced to Rs. 400/-per tree and towards cashew trees to Rs. 150/- per tree. The said issue reads as follows: