PRABHAKAR DAYANAND KENI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS is an appeal challenging the dismissal of the l. A. C. No. 262/1995 arising out of the Reference made on the application of the appellant under Section 18 of the Land acquisition Act, 1894 (hereinafter referred to as the said act) to the learned Third Additional District Judge, South goa, Margao questioning the quantum of the compensation due in respect of the acquisition of 13500 square metres of land bearing Survey No. 91 (part) at village Balli, Quepem, district South Goa belonging to the appellant.

(2.) THIS acquisition of land was proposed for the construction of new broad gauge line of Konkan Railway over the vast stretch of land admeasuring 43980 square metres including the said land at village Balli vide preliminary notification under Section 4 of the said Act bearing no. 22/255/91- RD dated 25. 11. 91 and published in the official gazette dated 12. 12. 91. The Special Land Acquisition Officer, the respondent No. 1 herein, awarded Rs. 4/- per square metre for the land and compensation of Rs. 7,38,792. 09 for the trees standing thereon vide award dated 6. 5. 1994. Upon the claim made for the enhancement in the quantum of compensation thus awarded vide application of the appellant seeking the compensation @ Rs. 250/- per square metres for the land and Rs. 5,000/- for each coconut and mango tree, Rs. 2,000/- for each cashew tree and Rs. 1500/- for the bhirand tree and Rs. 5,000/- for other jungle trees, the respondent no. 1 S. L. A. O. made reference to the District and Sessions court, Margao, Goa under Section 18 of the said Act for adjudication of the said claim made for enhancement of compensation.

(3.) THE appellant/ claimant examined himself and his valuer A. W. 2, Vikas Dessai. To complement their testimonies, he placed in evidence a valuation report, copies of the six sale deeds and copies of the three awards. None was examined on behalf of the respondents. The respondents placed reliance on sale deed dated 11. 11. 1987-Exh. 16 and award dated 4. 8. 1989-Exh. 14.