SURESH R. MORAJKAR Vs. DEPUTY COLLECTOR & S.D.O.

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Both the above appeals shall be disposed of by this common Judgment since both arises out of the same Judgment and Award dated 03/07/2006 passed by the learned District Judge, Panaji (Reference Court, for short) in Land Acquisition Case No. 75 of 2002. The appellant of First Appeal No. 292 of 2006 who is the respondent in First Appeal No. 294 of 2006 was the applicant in the said L.A.C. No. 75 of 2002 whereas the respondents of First Appeal No. 292 of 2006 who are the appellants in First Appeal No. 294 of 2006 were the respondents in the said case. Parties shall herein after be referred to as per their status in the said Land Acquisition Case.

(3.) Vide notification dated 08/01/1991 issued under Section 4(1) of the Land Acquisition Act, 1894 ( L. A. Act, for short) and published in the Official Gazette dated 25/01/1991, the Government had acquired land for the purpose of widening of two lanes and improvement of Geometrics between km. 116/00 to 121/950 on NH 4 A. This acquisition included portion of the land admeasuring 1279 square meters from survey no. 94/4 (area of 1164 square meters was cashew grove and remaining 115 square meters was road) and a portion of land admeasuring 1638 square meters from survey no. 107/3 of village Khandepar, Ponda. By award dated 15/03/1994, the Land Acquisition Officer (L.A.O., for short) awarded compensation at the rate of Rs. 5/ - per square meter in respect of the road area acquired from survey no. 94/4 and at the rate of Rs. 8/ - per square meter in respect of the cashew portions acquired from survey nos. 94/4 107/3. Not being satisfied with the offer made by the learned L.A.O., the applicant made an application under Section 18 of the L. A. Act before the L.A.O. who made the reference which gave rise to the Land Acquisition Case No. 18/1999. The applicant claimed compensation at the rate of Rs. 750/ - per square meter.