DEPUTY COLLECTOR Vs. RAJENDRA VASSUDEV DESHPRABHU

JUDGEMENT

(1.) THIS is a State Government's appeal and is directed against judgment/award dated 22-11-2002 of the learned reference Court (Additional district Judge, Mapusa), by which the compensation payable to the Respondents (Applicants, for short) has been enhanced from Rs. 17/-per sq. meter to Rs. 175/ per sq. meter as against the claim of the said Applicants to Rs. 350/- per sq. meter.

(2.) SOME facts are required to be stated to dispose of this appeal. By virtue of Notification issued under Section 4 (1) of the Land acquisition Act, 1881, published on Gazette dated 1-2-1990 the Government acquired 106864 sq. meters of land. The subject matter of reference from which the present appeal arises is 5070 sq. meters of land of survey no. 284/0 of Pernem, being the southern and western portion of their property belonging to two brothers namely Rajendra and Raghuraj, since deceased; and was admittedly a garden land, having different types of trees, and the L. A. O. by award dated 27-3-1991 paid compensation at the rate of Rs. 17/-per sq. meter and apportioned the same on 50:50 basis i. e. 1/4th each was paid to the legal representatives of the said rajendra and Raghuraj and the balance 50% to the three tenants, as per award, but as per the Applicants there were four tenants amongst whom the said 50% compensation was equally distributed. As regards the balance free hold land, the same is the subject matter of First Appeal No. 123/2003 wherein we have allowed the cross objections and fixed the market value at Rs. 78. 00 per sq. meter.

(3.) THE Applicants are the legal representatives of the said Rajendra. Dissatisfied with the award of the L. A. O. , the Applicants got a reference made, claiming enhancement of compensation at the rate of Rs. 350/-per sq. meter and in support of the said reference the Applicants examined Applicant No. 1 (a) and who produced six awards and six sale deeds which are tabulated herein below, for easy reference:- <FRM>JUDGEMENT_1179_TLMHH0_2008Html1.htm</FRM>