DY COLLECTOR Vs. RAMAKANT R PAINGUINKAR

JUDGEMENT

(1.) By this appeal, the appellant takes exception to award dated 01.10.2003 passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case No.2/2001 partly allowing the reference sought by the original respondent/ Ramakant Painguinkar. The respondents are the legal representatives of deceased Ramakant.

(2.) Vide Notification dated 06.01.1992, the Government of Goa acquired lands belonging to different persons for public purpose namely widening and black topping of road from Colva to Varca junction. Land admeasuring 325 sq.mtr. from survey no.219/2 and 300 sq.mtr. from survey no.217/18 of village Benaulim belonging to the respondents was part of the acquired land. The Land Acquisition Officer awarded compensation at the rate of Rs.20/- per sq.mtr. The applicant claimed Rs.800/- per sq.mtr. and sought reference under section 18 of the Land Acquisition Act (The Act for short). The respondent also claimed that in the acquired portion of the land, there were 26 coconut trees, 6 mango trees, one Gulmohar tree and one shiras tree and claimed compensation for the said trees. Before the Reference Court, the respondents restricted the claim to Rs.400/- per sq.mtr. in respect of the acquired land.

(3.) In Land Acquisition Case No.2/2001, the respondent examined himself as Aw.1 and Shri Vikas Dessai, valuer, as Aw.2. No evidence was led on behalf of the appellants. The Reference Court rejected the claim in respect of the trees on the ground that no evidence was led by the respondents.