SANTANA P B PEREIRA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) THE challenge in this appeal under Section 54 of Land Acquisition Act is to the Judgment dated 27.09.2001, delivered by Addl. District Judge, South Goa, Margao, in Land Acquisition Case no. 21/86. The extent of area of land acquired is not in dispute. The Land Acquisition Officer granted compensation at the rate of Rs.5/- per square metre for paddy land, Rs. 6/- per square metre for mixed type land and Rs.7/- per square metre for cultivable land. The acquisition is for its Housing Project by Housing Board and date of Section 4 Notification is 10.11.1980. The land admeasuring 10,912 square metres has been acquired.

(2.) NOT satisfied with the Award, the appellant moved an application under Section 18 and sought compensation at the rate of Rs.150/- per square metre. The learned Addl. District Judge has dismissed the said application after recording a finding that appellants could not prove that market price was better than what was allotted to them by Land Acquisition Officer.

(3.) HAVING heard both learned Counsel, we find that the following questions arise for our determination:-