DEPUTY COLLECTOR MARGAO AND ORS Vs. GOPALKRISHNA SANVLO

JUDGEMENT

(1.) By this appeal, the appellants take exception to the judgment and award dated 27th December, 2002 passed by the Ist Additional District Judge, South Goa, Margao in Land Acquisition Case No.8/2001 partly allowing the reference under Section 18 of the Land Acquisition Act ('The Act' for short).

(2.) Vide notification issued under Section 4 of the Act and published in the Official Gazette dated 25th November, 1997, the Government of Goa acquired lands from village Nagorcem, Palolem for public purpose construction of Sadolxem foot bridge and approaches at Canacona in V.P. Nagorcem, Palolem and Poinguinim. An area of 1320 square meters belonging to the respondent was part of the acquired land. The same included 760 square meters from Survey No.307/1 part and 560 square meters from Survey No.307/3 part. By award dated 31st May, 2000, the Special Land Acquisition Officer (The SLAO) awarded Rs.11/- per square meter in respect of the land of the respondent. The respondent sought reference under Section 18 of the Act and claimed Rs.100/- per square meter. The Reference Court awarded compensation at the rate of Rs.16/- per square meter.

(3.) In Land Acquisition Case No.8/2001, the respondent examined Anil Kamat- AW1- attorney of respondent, Khushali Mokhardkar-AW2 and Santosh Molu Naik Gaonkar-AW3. The respondent produced sale deed dated 31st May, 1996 by which an area of 238 square meters was sold at the rate of Rs.50/- per square meters and award dated 30th October, 1995 in Land Acquisition Case No.206/1995 given by Reference Court by which compensation at the rate of Rs.32/- was awarded in respect of the land bearing survey nos. 43/3, 23/29 and 22/10. The Reference Court placed reliance upon the sale deed dated 31st May, 1996 executed between Premabai Dessai and others on one side and Khushali Parshu Mokhardkar-AW2 on the other side by which an area of 238.40 square meters was sold for a consideration of Rs.12,000/- The Reference Court placed reliance upon the said sale deed and considering 10 % increase every year, fixed the market price of the sale deed as on the date of publication of Section 4 notification at Rs.16/- per square meter. Thereafter, the Reference Court deducted 40 % on the ground of dissimilarity since the sale deed land was bounded on public road; whereas the acquired land was a sloppy and rocky. The Reference Court further deducted 35 % on the ground that the sale deed plot was 238 square meters; whereas the acquired land was 1320 square meters. The Reference Court further deducted 20 % on the ground that the sale deed plot was situated closer to market and had better potential value as compared to the acquired land, which was in the interior. The Reference Court further made deduction of 10 % on the ground that both the plots were dissimilar having regard to the fact that the sale deed plot was a strip of land. The Reference Court arrived at the rate of Rs.16/- per square meter.