LAND ACQUISITION OFFICER Vs. GEORGE FERNANDES ALIAS JORGE LUIS FERNANDES
LAWS(BOM)-2017-8-135
HIGH COURT OF BOMBAY (AT: PANAJI)
Decided on August 03,2017

LAND ACQUISITION OFFICER Appellant
VERSUS
George Fernandes Alias Jorge Luis Fernandes Respondents

JUDGEMENT

NUTAN D.SARDESSAI,J. - (1.) This is an appeal by the State challenging the Judgment and Award dated 05/05/2011 passed by the learned Adhoc District Judge-II, F.T.C.-II South Goa in the Land Acquisition Case No.16/2010 enhancing the market value of the acquired land from 98/-per sq.mt. to 2000/- per sq.mt. apart from the consequential benefits, solatium and additional compensation and interest terms of the Act.
(2.) Shri A. Gomes Perreira, learned Additional Government Advocate came to be heard on behalf of the appellant / State and Shri G. Agni, learned Advocate on behalf of the respondent.
(3.) The State assailed the impugned Judgment and Award on the ground that the enhancement of the market value to 2000/- per sq.mt. was arbitrary and without any basis. The acquired land was an agricultural property and had no building potential on the date of the acquisition. The Reference Court could not have relied on the sale instance dated 10/02/2009 which related to a plot in which there was a house structure and being subsequent to the Section 4 Notification. The Reference Court failed to appreciate that the acquired land was affected by the CRZ Notification and could not be brought under any development. The impugned Judgment and Award was thus contrary to law and the evidence on record and therefore was liable to interfered with in appeal.;


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