SPECIAL LAND ACQUISITION OFFICER SOUTH GOA KONKAN RAILWAY CORPORATION LIMITED Vs. NARENDRA VOIKUNT RAIKAR

JUDGEMENT

(1.) FIRST Appeal No. 92/2001 has been filed challenging Judgment and Order dated 02.02.2001 passed by Addl. District Judge, Margao, in Land Acquisition Case no. 210/1995 partly allowing the reference. The Cross Objection No. 16/2001, has been filed by respondent claiming higher compensation at the rate of Rs.150/- per square metre.

(2.) VIDE Notification issued under Section 4 of the Land Acquisition Act, which was published in the Official Gazette dated 27.06.1991, the State of Goa acquired lands in Nagorcem, Palolem of Canacona Taluka for Konkan Railway Corporation Limited. This included an area of 810 square metres from survey no. 54/6 and an area of 1400 square metres of land from survey no. 54/15 belonging to the respondents in appeal (hereinafter referred to as the 'claimants'). The Special Land Acquisition Officer passed an Award dated 09.12.1993, awarding Rs.17/- per square metre in respect of the acquired land which was coconut grove. Separate compensation was granted in respect of fruit value and wood value. Being dissatisfied, the claimant sought reference under Section 18 of the Act and claimed Rs.150/- per square metre.

(3.) MR. Borkar, appearing for the claimants, submitted that although reference Court was justified in placing reliance upon Sale Deed dated 16.06.1991, no deduction ought to have been made by the reference Court on the grounds mentioned in the impugned Judgment and Order. He further submitted that the acquired land was comparable in all respects to the Sale Deed land and, therefore, the reference Court ought to have granted the rate mentioned in the Sale Deed dated 16.06.1991. In so far as largeness of the acquired land is concerned, Mr. Borkar submitted that although two plots bearing survey no. 54/6 and 54/15 were belonging to the claimants, they were not contiguous and, as such, cannot be termed as large as compared to the Sale Deed plot and, therefore, the reference Court has rightly not made any deduction on that count. He further submitted that there is no much difference in the location of the acquired land and the Sale Deed plot and having regard to their respective location, no deduction could have been made by the reference Court on the ground that the Sale Deed plot was better located. He, therefore, submitted that the claimants are entitled to compensation at the rate of Rs.150/- per square metre.