STATE OF GOA Vs. PANCRACIO LUIS

JUDGEMENT

(1.) CHALLENGE in this State's appeal is to the award dated 11/08/1999 of the learned Reference Court, Margao, by which compensation payable has been enhanced from Rs. 10/- per sq. mt. to Rs. 24/- per sq. mt.

(2.) VIDE notification issued under Section 4 (1) of the Land Acquisition act, 1881 and published on Gazette dated 14/06/1984, the Government acquired land at Sao Jose de Areal and Mullem for the construction of distributory D-2 Canal of Selaulim Irrigation Project and in that was included an area of 1,100 sq. mts. of Survey No. 145/5 of the St. Jose de areal Village belonging to the applicant. By award dated 12/08/1988, the special Land Acquisition Officer offered to the applicant, compensation at the rate pf Rs. 10/-per sq. mt. which by the impugned award has been enhanced to Rs. 24/-per sq. mt. In support of his case for enhancement, the applicant had given his own evidence and that of Shri Sakharam bhende/aw2, the Government approved valuer, Shri Santosh navelkar/aw3, Shri Desiderio Menezes/aw4, whose property was also the subject matter of the same acquisition, and Prakash Volvotkar/aw5, to prove two sale deeds dated 9/10/1985 and 17/01/1985, both being post notification sale deeds.

(3.) THE learned Reference Court rejected the report of Shri S. Bhende/aw2 for reasons mentioned in para 7 of the impugned judgment. The learned Reference Court noted that 2,175 sq. mts. belonging to desiderio Menezes/aw4, were also acquired by the said notification, from survey Nos. 145/4 and 6 and in LAC No. 117/1990 he had enhanced the compensation payable to Rs. 24/-per sq. mt as the land was of Bharad type with no paddy cultivation. The learned Reference Court also noted that in lac No. 117/1990 of the said Desiderio Menezes/aw4, he had discussed the case of Smt. Sushilabai Panandikar in LAC No. 181/1990 pertaining to the same acquisition and in which the price fixed was also Rs. 24/- per sq. mt. Thereafter, the learned Reference Court referred to the evidence of Smt. Roshan Akbar/aw6 who was examined by the applicant to prove the sale deed dated 28/05/1984 admeasuring 548 sq. mts. which was sold at the rate of Rs. 50/-per sq. mt. and thereafter taking certain deductions, the learned reference Court fixed the compensation payable to the applicant at the rate of Rs. 24/- per sq. mt.