- (1.) This appeal is against the Judgement of the High Court dated 7-5-1997.
(2.) Briefly stated, the facts are as follows: Section 4 notification was issued on 11-11-1977 for the purposes of acquiring 6640 sq. metres land in Panaji. The land was being acquired for the purpose of establishing a museum. It is an admitted position that out of 6640 sq. metres land 1125 sq. metres land were paddy land, 2240 sq. metres were salt pans and 3320 sq. metres were a nallah. An award came to be passed by the Land Acquisition Officer on 21-3-1978. He fixed a price at Rs. 11 per sq metre for paddy land, Rs. 10 per sq. metre for salt pan and Rs. 6 per sq. metre for nallah. The Land Acquisition Officer also apportioned the compensation on the basis that 1/3 of the compensation, for paddy land, was to be given to the appellants (herein) and the rest was to be given to the tenant; for the salt pan 4/5 to the appellants and 1/5 to the tenant and for the nallah the entire compensation was given to the appellants.
(3.) The appellants filed a reference which was disposed of by a judgment dated 27-2-1990. Before the Reference Court the appellants led the evidence of two witnesses AW 1 and AW 2. AW 1 was the power-of-attorney holder of the appellants. AW 2 was a Civil Engineer who gave evidence of valuation of the acquired land and proved a certificate dated 5-2-1963 which showed that the acquired land was within commercial zone. The appellants also relied upon other awards passed in respect of other lands which had been acquired. One of the awards, in LA Case No. 2 of 1979 was marked as "Ext. A-3" by consent of the parties.;