(1.) The above first appeal is filed on behalf of the Executive Engineer, W.D. VI ( R & S ), P.W.D., Fatorda, Margao Goa, which arises out of the judgment and Award dated 8.3.2000 passed by the learned Ilnd Additional District Judge, Margao Goa, in Land Acquisition Case No. 131/1993. The said judgment and Award is in respect of a reference under section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as the said Act).
(2.) The respondent herein was the Applicant in the said reference proceedings, who was the owner and in possession of the property under Survey No. 120/2 of Village Utorda. Out of the said property the Government had acquired a portion admeasuring 245 square metres for the purpose of construction of road from Utorda to Arossim. The Notification in question under section 4 of the Land Acquisition Act, came to be published in the Government Gazette dated 29.6.1989 and the Award under section 11 came to be declared on 4.7.1991. The SLAO has granted compensation at the rate of Rs. 25/- per square metre. The respondent accepted the compensation under protest and moved an application before the Collector for reference to be made to the Court under section 18 of the Land Acquisition Act. The respondent claimed that the market rate of the land in the vicinity was varying between Rs. 250/- to Rs. 300/- per square metre as on the date of the notification. The respondent in support of her case examined three witnesses. AW1 who was her attorney one S.J. Costa, AW2 Francisco Xavier Fernandes, who is a witness to the sale-deed dated 19.4.1988 at Exhibit AW1/C and the expert witness AW3 Shri Ernesto Moniz who had prepared the valuation report at Exhibit AW1/E. On behalf of the respondent reliance was placed on the sale-deed dated 19.4.1988 which was marked at Exhibit AW1/C which according to the respondent was in close proximity in time and location to the acquired land and hence it was a comparable instance and could be relied upon for assessing the market rate.
(3.) The Reference Court framed the issue as to whether the Applicant has proved that the market rate of the acquired land was between Rs. 250/- to Rs. 300/- per square metre as on the date of the Notification. The Reference Court though held that the respondent had failed to prove that the market rate of the acquired land was varying from Rs. 250/- to Rs. 300/- per square metre however recorded a finding that the market rate of the land was Rs. 162/- per square metre as on the date of the Notification.