GOA HOUSING BOARD Vs. MADAN WAMAN CHODANKAR

JUDGEMENT

(1.) THIS appeal is by the Goa Housing Board, against the Judgment and Award dated 2. 5. 1998, passed by the learned District Judge, North Goa, panaji in Land Acquisition Case No. 54/94. A land admeasuring 24,465 sq. metres from Survey Nos. 132/1 and 132/2 has been acquired by the government for implementation of housing activities of the Goa Housing board at Alto Betim. The Notification under Section 4 of the Land acquisition Act was issued on 17. 5. 1990.

(2.) THE Land Acquisition Officer awarded compensation at the rate of rs. 125/-per sq. metre. The respondents applied for a reference and claimed compensation at the rate of Rs. 750/-per sq. metre. The land, in question, is situated at Alto Betim in Bardez Taluka.

(3.) THE reference Court enhanced the compensation from Rs. 125/-to rs. 150/-per sq. metre in respect of 15,465 sq. metres' of land. In regard to the remaining land, it maintained the compensation awarded by the Land acquisition Officer. The enhancement was made by the reference Court principally on the basis of an Award produced by AW. 1. The Section 4 notification in respect of that acquisition was published 2 years prior to the notification in the present case. Taking into account the rate of compensation awarded in that case i. e. Rs. 200/-per sq. metre, the reference Court deducted 25 % i. e. Rs. 50/-and worked out the market price of the suit plot to Rs. 150/ per sq. metre in respect of an area of 15,465 sq. metres, excluding the deep valley area which was maintained at Rs. 125/- per sq. metre.