MOHINI T GAD Vs. DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, PANAJI GOA
LAWS(BOM)-2018-10-17
HIGH COURT OF BOMBAY
Decided on October 05,2018

Mohini T Gad Appellant
VERSUS
Deputy Collector, Land Acquisition Officer, Panaji Goa Respondents

JUDGEMENT

N.M. Jamdar, J. - (1.) By this appeal, the Appellants have challenged the judgment and award passed by the District Judge-1, North Goa, Panaji, dated 28 April 2015, in the Land Acquisition Case No.37/2010.
(2.) The Appellants had sought a reference against the award dated 5 July 2010 passed by the Deputy Collector, Panaji in LAC No.1/2/73/DC(LA)(2006) to the District Court, Panaji. The land of the Appellants was acquired for the bus stand at Mapusa. The property bearing PT Sheet No.162, Chalta Number 4/2 situated at Mapusa admeasuring 4164 square metres was sought to be acquired by the acquiring Authority. The Collector made a reference to the District Court on 29 October 2010. From the reference, it appears that the dates of declaration of public notices under Section 4 of the Land Acquisition Act were 12 June 2006 and 14 August 2008. The notification was published under Section 6 of the Act on 3 August 2009. The Land Acquisition Officer rendered an award on 5 July 2010 and the possession was taken on 10 August 2010.
(3.) In the reference, the Appellants relied upon a sale deed dated 3 May 2010, which according to the Appellants was a comparable sale instance, since this property was situated in the same locality and though it was after the relevant date, it was a germane piece of evidence to determine the correct market value. The Appellants also relied upon an award dated 13 August 1996 which according to the Appellants was in respect of the property located in the same area and it was comparable. The learned District Judge by the impugned judgment partly allowed the reference and enhanced the compensation to Rs.500/- per square metre.;


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