STATE OF GOA Vs. FERDINAND SEQUEIRA

JUDGEMENT

(1.) BY consent, the above appeal is taken on board in view of the order passed in M.C.A. No. 853 of 2013.

(2.) HEARD Ms. Mordekar, learned Additional Government Advocate appearing for the appellants and Mr. J. Godinho, learned Counsel appearing for the respondent.

(3.) THE above appeal challenges the judgment and award passed by the Reference Court dated 26.05.2000 in Land Acquisition Case No. 43/97 whereby a reference filed by the respondent was partly allowed and the compensation for the land acquired was fixed at the rate of Rs.44.80 per square metre besides the statutory benefits. Ms. Mordekar, learned Additional Government Advocate appearing for the appellants has pointed out that the above appeal was under consideration with the companion First Appeal No. 109 of 2002 which came to be disposed of by judgment dated 23.09.2011. The learned Additional Government Advocate further pointed out that this Court while disposing of the said First Appeal has fixed the compensation for the land acquired at the rate of Rs.36/ - per square metre. The learned Counsel further pointed out that the land which was subject matter of the present acquisition and the land which was subject matter of the said First Appeal are pursuant to the same notification and as such the question of fixing any excess amount for the land acquired in the present case would not arise. The learned counsel has taken me through the judgment passed by this Court in the said First Appeal and pointed out that there can be no dispute that the land which was subject matter in the present acquisition was acquired pursuant to the same notification.