STATE OF GOA Vs. MENINA FRENANDES

JUDGEMENT

(1.) By this appeal, the appellant takes exception to award dated 30.08.2002 passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case No.88/1996 partly allowing the reference under section 18 of the Land Acquisition Act ('The Act' for short).

(2.) Vide Notification issued under Section 4 of the Land Acquisition Act published in the Official Gazette dated 27.07.1992, land admeasuring 1350 sq.mtrs. of the respondent was acquired for construction of water course of S.I.P. in Navelim village of Salcete Taluka. The Land Acquisition Officer awarded compensation at the rate of Rs.4.50 per sq.mtr. Being dissatisfied, the applicant sought reference and claimed Rs.600/- per sq.mtr. The Reference Court awarded compensation at the rate of 125/- per sq.mtr. with statutory benefits under the Act.

(3.) In Land Acquisition Case No.88/1996, the respondent examined Vrinda Shirodkar, power of attorney holder of the respondent as Aw.1 and produced the power of attorney at Exh.Aw.1/A, Certificate of the Communidade of Margao at Exh.Aw.1/B, Form I&XIV at Exh.Aw.1/C, survey plan at Aw.1/D, award in Land Acquisition Case No.80/1988 at Aw.1/E, Aw.1/ Filomena Fernadnes and Aw.3/Constancio Menezes, Agricultural Valuer who produced his report at Exh.Aw.3/A. The appellants examined one witness, Satish Kudchadkar as Rw.1.