DEPUTY COLLECTOR Vs. AGNELO J A PINTO

JUDGEMENT

(1.) The Appeal challenges the Judgment and Award dated 30 th December, 2004, passed by the learned Adhoc Addl. District Judge, North Goa, at Panaji, in Land Acquisition Case no. 112/1998, whereby the compensation has been fixed for the land acquired in a reference under Section 18 of the Land Acquisition Act, 1894, at the rate of Rs.1,434/- per square metre for an area of 4267 square metres.

(2.) By notification under Section 4 of the Land Acquisition Act, 1894, (herein after referred to as 'the said Act'), published in the Official Gazette dated 6th January, 1994, the land belonging to the Respondents was sought to be acquired for tented accommodation for tourists at Miramar, Panaji. The land of the Respondents was surveyed in the City Survey Records being part of Chalta no.1 of P. T. Sheet no. 117 having an area of 4217 square metres and Chalta no. 2 of P. T. Sheet no. 117 having an area of 50 square metres, both situated at Miramar, Panaji.

(3.) By an award dated 22nd April, 1996, the Land Acquisition Officer offered compensation at the rate of Rs.210/- per square metres to the Respondents. Being dissatisfied with the said compensation, the Respondents sought a reference under Section 18 of the said Act, claiming a compensation at the rate of Rs.5000/- per square metre for the land acquired.