STATE OF GOA Vs. GOPAL BABURAO GAUDO

JUDGEMENT

(1.) THIS appeal by State is directed against award by the learned Additional District Judge, Panaji upon reference under section 18 of the Land Acquisition Act bearing Land Acquisition no. 36/1998, whereby the learned Additional District Judge enhanced compensation granted from Rs. 71/- per sq. mtr. to rs. 154/-per sq. mtr. relying on an award in Land Acquisition case No. 48/1995.

(2.) A part of agricultural land admeasuring 2715 sq. mtrs. bearing survey no. 85 of village Curti abutting National highway was acquired by the State for widening the highway. This land too was included in the Notification under section 4 of the Land Acquisition Act dated 14. 2. 1991 under which the land which was subject matter of Land Acquisition Case No. 48/95 was acquired. The learned Judge of the reference Court therefore, relied on the award in Land Acquisition Case no. 48/1995 and awarded compensation at the rate of Rs. 154/-per sq. mtr. Aggrieved thereby, the State is in appeal.

(3.) WE have heard Advocate Shirodkar for the appellants and Advocate Ramani for the respondents. The only point that arises for our consideration, is whether the compensation awarded by the learned Judge of the reference court is proper.