OLIVIA F DSOUZA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) This appeal is directed against judgment and award dat ed30. 01. 1994 passed by the District Judge, North Goa. Panaji, in Land Acquisition Case No. 8/1994, partly allowing which the reference sought by the applicant.

(2.) The strip of land admeasuring 309 sq. mtrs. , from four strips of sub-division Nos. 2, 3,4 and 5 of survey no. 115 of Santan. Talaulim was acquired by the Government of Goa for the purpose of widening and improvement of Santan. Talaulim road vide Notificat ion dat ed16. 02. 1989 issued under section 4 of the Land Acquisition Act (THE Act' for short ). THE Land Acquisition Officer awarded R. s. 10/- per sq. mtr. THE applicant soughtreference claiming Rs. 300/- per sq,mtr. in respect of the acquired land. THE Reference Court partly allowed the reference by awarding compensat ion at the rat e of Rs. 63/- per sq. mtr. Aggrieved by the judgment and award, the applicant has filed the present appeal.

(3.) Per contra, Ms. Coutinho. learned Government Advocat e appearing on behalf of the respondents supported the impugned judgment and award and submitted that the deduction made by the Reference Court cannot be faulted. She further submitted that the acquired plot was low lying and was an undeveloped plot and therefore the Reference Court was justified in making the deductions while fixing the market rat e of the acquired land by comparing it to the plot sold by sale deed dat ed15. 07. 1988.