STATE OF GOA Vs. SUMATI YESHWANT NAIK

JUDGEMENT

(1.) HEARD Ms. Coutinho, the learned Government Advocate on behalf of the appellant.

(2.) CHALLENGE in this appeal is to the award dated 28/9/1998 of the learned reference Court by which compensation payable to the respondent has been enhanced from Rs. 50/- per sq. mt. to Rs. 180/- per sq. mt.

(3.) THE respondent has chosen to remain absent. By notification issued under Section 4 (1) of the Land Acquisition Act 1881, published on Gazette dated 27/02/1987, the Government had acquired 2082 square mt. of the respondent's land for the purpose of construction of an underground drainage system for Margao town and the Land Acquisition Officer awarded to the applicant compensation at the rate of Rs. 50/-per sq. mt. Dissatisfied with the said award, the respondent preferred an application for reference and before the Reference Court, the respondent relied upon an award/exhibit 16 by which a part of their property was earlier acquired, on or about 11/08/1978, for the purpose of setting up telephone exchange building. In that reference, the respondent was awarded Rs. 200/-per sq. mt. by the reference Court.