JACINTO BARETTO MIRANDA Vs. DEPUTY COLLECTOR AND LAND ACQUISITION OFFICER & ANR.
LAWS(BOM)-2017-9-217
HIGH COURT OF BOMBAY (AT: PANAJI)
Decided on September 01,2017

Jacinto Baretto Miranda Appellant
VERSUS
Deputy Collector And Land Acquisition Officer And Anr. Respondents

JUDGEMENT

NUTAN D.SARDESSAI,J. - (1.) This is an appeal at the instance of the original applicant challenging the Judgment and Award dated 05/08/2008 by virtue of which the learned Reference Court partly allowed the reference under section 18 of the Land Acquisition Act, 1894 ( L.A. Act, for short) and held the applicant entitled to the interest on the amount of Rs. 82,907/- @15% p.a. and costs while disallowing the claim for the enhanced compensation. Being aggrieved by the Judgment and Award, the original applicant is in appeal seeking the enhancement of the compensation apart from other benefits.
(2.) Shri M.B. D'Costa, learned Senior Counsel came to be heard on behalf of the appellant who submitted that the possession was taken of his land for construction of a road in 1985 while the Section 4 Notification was issued only on 08/01/1991. The Award was passed by the Land Acquisition Officer (L.A.O., for short) on 20/07/1994 and no notice thereof was served on the applicant. The notice under Section 12(2) of the Act was received in January, 2006 and only then the application was made under Section 18 to the Reference Court claiming the enhanced compensation @Rs. 1000/- per sq.mt. against Rs. 52/- awarded by the L.A.O. and severance charges. He examined himself and an expert to show the location of the land and its proximity to the Margao City when there was great scarcity of the land apart from the steady increase in the prices in Margao. There were amenities like road, transport, telephone, electricity, water, shops, commercial places and hospital etc. within 80mts. from the acquired land. The Kadamba Bus Stand was 80 mts. away while the National Highway 17 was 70mts. away to the acquired land which was abutted by a public road on the southern side and located in the settlement zone.
(3.) Shri M.B. D'costa, learned Senior Counsel placed reliance on the Sale Deed dated 28/11/1990 which was prior to the Section 4 Notification where an award was drawn and settled at the Lok Adalat at Rs. 115/- per sq.mt. This land was about 300 mts. away from the acquired land. He referred to the impugned Judgment apart from the Sale Deed and the evidence of the expert and showed the fallacies in the Judgment drawn by the learned Reference Court. He therefore contended that the appeal had to be allowed and the rate enhanced appropriately as claimed by the applicant. He placed reliance in Nelson Fernandes and others v. Special Land Acquisition Officer, South Goa and others [(2007)9 SCC 447], State of Goa and Another v. Gopal Baburao Gaudo and others [(2009) 10 SCC 686], C.R. Nagaraja Shetty v. Special Land Acquisition Officer and Estate Officer and Another [(2009) 11 SCC 80] and Harish Loyalka and another v. Dilip Nevatia and others [2015 (1) Bom.C.R. 361].;


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