LAWS(BOM)-2008-11-130

STATE OF GOA Vs. VITHAL S NAIK

Decided On November 12, 2008
STATE OF GOA Appellant
V/S
Vithal S. Naik Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellants in all the appeals and Mr. Godinho on behalf of the respondent in First Appeal No.123/2001.

(2.) All these appeals are being disposed of by common judgment since all these appeals have been filed challenging the awards passed by the Reference Court in respect of the property bearing survey no.29/3 of Corlim village. The respondents in all the above appeals are co-owners of the said property.

(3.) Vide Notification dated 28.01.1986 published in the Official Gazette dated 30.02.1986, the Government of Goa acquired lands belonging to different persons for public purpose. Land admeasuring 440 sq.mtrs. bearing survey no.29/3 of Corlim village belonging to the respondents was a part of the acquired land. The Land Acquisition Officer by award dated 10.03.1987 awarded compensation at the rate of Rs.15/- per sq.mtr. Being aggrieved, the respondents sought reference under Section 18 of the Land Acquisition Act ('The Act' for short) claiming compensation at the rate of Rs.100/- per sq.mtr. The Reference court granted compensation at the rate of Rs.80/- per sq.mtr. alongwith other statutory benefits under the Act in Land Acquisition Case No.48/1990, 50/1990 and 138/1990 by judgment and awards dated 22.12.2000. Aggrieved, the appellants have filed the present appeals.