RAMESH CHANDRA GOVIND PAWASKAR Vs. DY COLLECTOR

JUDGEMENT

(1.) THIS is an appeal by the original claimant in L.A.C. No.67/1999, who is aggrieved by the rejection of his reference under section 18 of the Land Acquisition Act, 1894 by the learned Additional District Judge, Panaji vide order dated 28.2.2003. The land under acquisition is a portion admeasuring 3,58,730 from Survey No.102/1 of village Colvale acquired for the public purpose of setting up of a Satellite Township proposed by Goa Construction, Housing and Finance Corporation Ltd, Panaji. The notification under section 4 was published on 9.6.1994 in the official gazette and on 16.6.1994 there was a corrigendum of even number dated 26.9.1994, which was issued on 19.9.1994. The Land Acquisition Officer declared his award on 9.2.1996 and he awarded compensation of Rs.18 per Square Metre. The appellant applicant accepted the same under protest and claimed enhancement at Rs.500 per Square Metres and, therefore, the reference.

(2.) THE learned Additional District Judge permitted the appellant to lead evidence of his own and that of Valuer. The sale deeds dated 12.5.93, 22.4.93 and two sale deeds, which are also part of First Appeal No.101/2003 namely, sale deed dated 23.3.1990 and 27.10.1986 were allowed to be tendered and taken on record so also exhibited. In the cross-examination of the appellant applicant this is what has been stated by him. The acq. land is part of industrial land. It is not true to sugg. that the acq. Land was an agricultural land and that it was not part of industrial land. It is true that the acq. land was originally owned by Communidade of Colvale. It is true that we have purchased the said land under agricultural tenancy act. It is true that the acq. land was tenanted agricultural land, and we have purchased the same under provisions of Agricultural tenancy Act.

(3.) THE learned Judge in the impugned award in para 7, 8 and 14 observed thus :