A.P.Lavande,J. - (1.) The appellants challenge the judgment and award dated 22.7.1999 passed by the Additional District Judge, South Goa, Margao in Land Acquisition No.155/95.
(2.) By Notification dated 24.7.1991 issued under Section 4 of the Land Acquisition Act (the Act for short) the Government acquired for Konkan Railway Corporation Ltd. large chunks of land situated at Nagorcem Palolem. Properties bearing survey nos. 56/1 and 56/15 admeasuring 5400 square meters belonging to Babu Datta Naik Dessai, the original applicant before the reference Court, were part of the acquired land. The said lands were paddy fields. The Special Land Acquisition Officer by his award dated 9.12.1993 awarded Rs.9/for the acquired lands. Aggrieved by the said award, the original applicant sought reference under Section 18 of the Act and claimed compensation of Rs.120/per square metre. The reference Court relying upon the Award dated 15t h March 1998 (Exhibit AW1/D) which was in respect of acquisition for the proposed approach road to Talpona Galjibag bridge awarded Rs.24/per square metre in respect of the acquired land after holding that the acquired lands were similar to the lands in the said Award dated 15t h March 1989. The reference Court granted increase of 10% every year on compounding basis and fixed the compensation in respect of the acquired lands at the rate of Rs.24/per square metre.
(3.) Mr. Afonso, learned Counsel appearing for the appellants submitted that the reference Court ought not to have relied upon the Award dated 15t h March 1989 (Exhibit AW1/D) and that in any case the reference Court ought not to have granted increase of 10% per year on compounding basis since the acquired land was paddy field having no building potential. The learned Counsel further submitted that the original applicant had neither led any evidence of any development around the acquired land during the years preceding Section 4 Notification nor led any evidence to prove that the prices of paddy fields increased by 10% every year.;