STATE OF GOA, LAND ACQUISITION OFFICER AND EXECUTIVE ENGINEER, WORKS DIVISION VI, PUBLIC WORKS DEPARTMENT Vs. THEREZA GZORIO SALDANHA

JUDGEMENT

(1.) By this appeal, the appellant takes exception to judgment and award dated 29th April, 1999 passed by the Additional Session Judge, Margao in Land Acquisition Case No. 264/1989 by which the reference has been partly allowed.

(2.) Vide notification dated 24.03.1987 which was published in the official gazette on 02.04.1987, the Government sought to acquire portions of lands belonged to different persons for public purpose namely construction of Arossim Beach Road at Arossim in Village Panchayat Cansaulim. The land of the respondent admeasuring 62 square metres, was part of the acquired land. The Land Acquisition Officer awarded the compensation @ Rs.. 25 per square metre. Being dissatisfied, the respondent sought reference to the District Court, South Goa at Panaji and the Additional District Judge-I by the impugned judgment and award enhanced the compensation @ Rs.. 100 per square metre. Challenging the said award, the appellants have filed the present appeal.

(3.) Before the Reference Court, the respondent examined four witnesses namely A.W.1, Dr. Bento Egypso, A.W.2, Surendra K. Nagvenkar, A.W.3, Jose Perreira, and A.W.4, A.F.G. Mascarenhas. The respondent also produced several sale deeds and award dated 17.01.1995 passed in Land Acquisition Case No. 270/89/A which was also in respect of another portion of land acquired by the same notification. The Reference Court by placing reliance upon the award dated 17.01.1995 (Exh.AW1/D) enhanced the compensation to Rs.. 100/- per square metre. The Reference Court held that the award dated 17 .01.95 in respect another portion of land acquired by the same notification, was not challenged by the Government and the land forming the subject matter of the that case, was similar to the acquired land in the present case and, therefore, can be taken as a basis for fixing the market rate of the acquired land. The Reference Court, therefore, held that the respondent was entitled to compensation @ Rs.. 100/- per square metre.