STATE OF GOA Vs. VITHAL KAMAT

JUDGEMENT

(1.) THE above First appeal arises out of the judgment and decree dated 29. 11. 1999 in Land Acquisition Case no. 154/1996 passed by the learned District Judge, South Goa, margao. By the said judgment, the market rate of the acquired land is fixed at Rs. 45/- per sq. mtr. and the Reference Court directed the appellants herein to pay solatium and other statutory benefits on the said market price.

(2.) THE facts necessary to be cited for adjudication of the above appeal are stated thus: the Government had acquired a portion of land admeasuring 460 sq. mtrs. from village Cuncolim for the purpose of construction of road. Notification under section 4 of the Land Acquisition Act which was dated 27. 12. 1990 was published in the Official Gazette of 07. 03. 1991. The Land acquisition Officer had declared the award on 22. 12. 1993 and the land holder was paid the compensation at the rate of Rs. 4/-per sq. mtr. The land holders i. e. the claimants accepted the said compensation under protest. Being dissatisfied by the amount awarded by the Land Acquisition Officer, the claimants sought reference, the Collector, accordingly made the reference which was numbered as Land Acquisition Case No. 154/1996. In the said reference the applicants/claimants claimed that the market rate of the acquired land was Rs. 150/- per sq. mtr. as on the date of the Notification. The applicants further claimed that there were three coconut trees and one cashew tree in the acquired land and that they have not been paid compensation in respect of the said trees. The applicants claimed that they are entitled for compensation at the rate of Rs. 2500/- per tree.

(3.) THE Reference Court framed the following two issues: