STATE OF GOA Vs. NAGUESH RAYA NAIK

JUDGEMENT

(1.) THE State has come in appeal against the decision of the Reference Court in Land Acquisition Case No. 268 of 1991 given on 18-4-1994 whereby the learned Judge had increased the price by Rs. 15/- per square metre of the acquired area as against the rate offered by the Land Acquisition Officer at Rs. 5/- per square metre. The learned Reference Judge was pleased to fix the market price at Rs. 20/- per square metre.

(2.) THE land in question is situated in the interior of Taluka Canacona and it admeasures 9025 square meters. The property was to be acquired for Forest Staff appointed at Poinguinim. The notification for the purpose under section 4 dated 9-2-1988 was published in the Official Gazette on 18-2-1988. The price has to be determined, therefore, with reference to the aforesaid date.

(3.) THE learned Reference Court Judge for this purpose has relied upon one of the Sale Deeds which were produced by the applicant, but that too, is not available to the original claimant/respondent because neither the vendor nor the vendee has been examined.