JACINTO BARRETO MIRANDA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The Appellant has taken an exception to the judgment and award dated 9th March, 2007 passed by the learned District Judge in a reference under Section 18 of the Land Acquisition Act, 1894 ( for short the said Act ). The reference is made at the instance of the Appellant has been rejected by the impugned judgment and award.

(2.) The acquisition relates to lands under Chalta No. 376 P.T. Sheet No. 254 admeasuring 12 square metres, Chalta No. 348 P.T. Sheet No. 254 admeasuring 365 square metres and Chalta No. 96 P.T. Sheet No. 259 admeasuring 362 square metres situated at Margaon. The acquisition is for construction of road starting from Roque Correira road, Khareband to Sirvodem at Margao, in Salcete Taluka. The notification under Section 4(1) of the said Act was published in Official Gazette on 20th June, 2002. By an award under Section 11 of the said Act, the market value was offered at the rate of Rs.71/- per square metre. In the reference under Section 18 of the said Act, the Appellant claimed compensation at the rate of Rs.3000/- per square metre for the acquired land. It is pointed out that the possession was taken over of the acquired land in the year 1984 before Notification under Section 4(1) of the said Act was issued. The Appellant claimed the compensation and damages on that count. The Appellant claimed the compensation at the rate of Rs.5000/- per coconut tree.

(3.) The Appellant examined himself and no other witness was examined by both the parties. The Appellant produced the documentary evidence apart from his deposition.