LAWS(BOM)-2008-11-141

STATE OF GOA Vs. GEORGE GOES

Decided On November 27, 2008
STATE OF GOA Appellant
V/S
George Goes Respondents

JUDGEMENT

(1.) By this appeal, the appellants take exception to Judgment and award dated 16.02.2000 passed by the District Judge, South Goa, Margao in Land Acquisition Case No.306/1992 by which the Reference Court has enhanced the compensation from Rs.20/- to Rs.52/- per square metre. in respect of the acquired land.

(2.) Vide Notification under section 4 of the Land Acquisition Act, published in Official Gazette dated 12.10.1989 the Government of Goa acquired land of different persons for public purpose namely; improvement and black topping of Duguem Botlem road in village Nuvem. Land of the respondent admeasuring 325 sq.mtrs. from survey no.190/5 was part of the acquired land. The Land Acquisition Officer made award on 31.01.1992 and fixed compensation at the rate of Rs.20/- per sq.mtr. Being dissatisfied, the applicant sought reference and claimed Rs.300/- per sq.mtr. In Land Acquisition Case No.306/1992, the respondent examined himself as Aw.1, E. Moniz as Aw.2 and Rock Martin as Aw.3. The respondent produced award dated 20.12.1988 made by the Land Acquisition Officer in respect of the earlier acquisition for improvement and black topping of Duguem Botlem road in village Nuvem. By the said award, the Land Acquisition Officer had awarded compensation at the rate of Rs.40/- per sq.mtr. The Reference Court held that the acquired land was similar to the land forming the subject matter of the award dated 20.12.1988 passed by the Land Acquisition Officer. The said award was in respect of Section 4 Notification published on 30.04.1987. Taking Rs.40/- per sq.mtr. as the base price, the Reference Court enhanced the compensation by giving 10% increase every year on compounding basis and arrived at the rate of Rs.52/- per sq.mtr. Aggrieved by the award the appellants have filed the present appeal.

(3.) Mr. Shirodkar, learned Government Advocate submitted that the Reference Court ought not to have relied upon the award dated 20.12.1988 in respect of the land acquired by Notification published on 30.04.1987. He further submitted that the Reference Court has erred in granting the enhacned of increase of 10% every year. According to the learned Government counsel 10% yearly increase can be granted on the basis of the awards passed by the Court and the sale deeds and not on the basis of the Award by the Land Acquisition Officer. In support of his submission, Mr. Shirodkar relied upon the judgment in General Manager, Oil and Natural Gas Corporation Ltd. v. Rameshbhai Jivanbhai Patel and anr. reported in 2008 AIR SCW 5947.