GOA HOUSING BOARD Vs. PANDURANG V SAWANT

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28/02/2003 of the learned Reference Court, Panaji by which the compensation payable to the respondents have been enhanced from Rs. 18/- to Rs. 150/- per sq. mts.

(2.) SOME facts are required to be stated to dispose of the present appeal.

(3.) THERE is no dispute that the respondents' property survey no. 102/1-A was situated at Colvale within the jurisdiction of that Village Panchayat and on the outskirts of Mapusa Municipal Council at a distance of about 5 kms. from Mapusa Municipal Market. It was situated across the bypass of National Highway No. 17 and the Northern portion of the respondents' property was bharad land having a slight slope, while the Southern portion was leveled and fertile, as noticed by the learned Reference Court. There is also no dispute that all amenities such as water, electricity, telephone, school, petrol pump, post office were otherwise available in the close vicinity of the respondents' property and in fact it was deposed to by the respondents' witness that by notification dated 5/04/1990 and 24/11/1988, the respondents' property was declared as industrial area and as rightly noted by the learned Reference Court, considering the location, the nature and other amenities available, the respondents' acquired land had potential to be utilised for residential and industrial purpose.