SPECIAL LAND ACQUISITION OFFICER SOUTH GOA KONKAN RAILWAY CORPORATION LIMITED Vs. MARIA ALICE ALMEIDA BINFOL

JUDGEMENT

(1.) BY this appeal, the appellants take exception to the judgment and order dated 17.8.2001 passed by the Additional District Judge, Margao in Land Acquisition Case No.293/1994 partly allowing the reference.

(2.) BY notification issued under Section 4 of the Land Acquisition Act dated 31.5.1991,which was published on 27.06.1991, the State of Goa acquired lands in Goa for Konkan Railway Corporation at different places at Barcem, Padi and Quepem of Quepem Taluka admeasuring 5,65,285 square meters. The lands admeasuring 600 square meters bearing Survey No.3 and the land admeasuring Survey No.7175 square meters bearing Survey No.4 of Padi village belonging to the respondent, were part of the acquired land. The respondent claimed compensation @ Rs.50/- per square meter in respect of total area of 7775 square meters. The Land Acquisition Officer awarded Rs.2 in respect of bund portion of land admeasuring 225 square meters and in respect of remaining portion consisting of paddy filed, coconut trees, the Land Acquisition Officer by award dated 11.11.1993 awarded the compensation @ Rs.9/- per square meter. The Land Acquisition Officer also awarded Rs.13,600/- towards fruit value and Rs. 26,735/- towards wood value. Being dissatisfied, the respondents sought reference under 18 of the Land Acquisition Act claiming compensation @ Rs.50 per square meter.

(3.) MR. Afonso, the learned Counsel for the appellants at the outset, submitted that there is absolutely no evidence on record that the sale deed lands were comparable to the acquired land. Moreover, the sale deed lands were situated at the distance of about 3 Kilometers from the acquired land within the municipal limits whereas the acquired land was situated in a village. He therefore, submitted that the Reference Court was not justified in placing reliance upon the two sale deeds for the purpose of fixing the market rate of the acquired land. He further invited my attention to the fact that even in respect of the award relied upon by the respondent, not only the same was not in respect of comparable land but also the appellants had preferred First Appeal No.80/1999 and this Court by judgment dated 11.2.2005 had reduced the compensation from Rs.40/- to Rs.20/ per square meter. Mr. Afonso submitted that the Reference Court without any evidence having been led by the respondent, enhanced the compensation without any justifiable ground.