CAETANO JOSE FILOMENO Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) THESE appeals are filed by both the parties in L. A. C. No. 146/ 1993 against the Judgment/award dated 10- 4-2002 of the learned IInd Additional District judge. Margao.

(2.) THE parties hereto shall be referred to in the names as they appear in the cause title of the said case.

(3.) SOME facts are required to be stated to dispose of these appeals. By virtue of Notification issued under section 4 (1) of the Land Acquisition Act, 1894 (Act, for short) and published on gazette dated 23-2-89, the Government acquired 20250 sq. m. of the land of the applicant for the purpose of development of benaulim Bench in Salcete Taluka, namely for the construction of restaurant, changing rooms, toilets and other facilities for tourists and by virtue of an Award dated 1-4-1999 the Land Acquisition Officer awarded to the applicant compensation at the rate of Rs. 12/-per sq. m. In fixing the said compensation at the rate of Rs. 12/- per sq. m. The L. A. O. took into consideration three sale deeds by which land was sold at the rate of Rs. 10/-, Rs. 52/- and rs. 10/- per sq. m. , respectively. Dissatisfied with the said Award, the applicant sought a reference to be made under section 18 of the Act and in the said reference, claimed enhancement at the rate of Rs. 250/- per sq. m. The applicant in the said reference, relied upon (i) an opinion of an expert and (ii) three sale deeds: the first was dated 5-5-89 by which land admeasuring 2007 sq. m. was sold at the rate of Rs. 74. 73 per sq. m. (Exh. AW1/c); the second was dated 28-6-89 by which land admeasuring 729 sq. m. was sold at the rate of Rs. 176. 40 (Exh. AW I/ b); the third was dated 10-4-89 by-Which land admeasuring 2000 sq. m. was sold at the rate of Rs. 75/- per sq. m.