- (1.) THE State of Goa through its Special Land Acquisition Officer and Executive Engineer, Works Division XIII, Irrigation Department, has filed the present appeal against the Judgment and Aware dated 22. 6. 1998 of the learned Addl. District Judge, Margao (Reference Court ).
(2.) BRIEFLY stated, the Government had acquired an area of about 11745 sq. mts. from two properties belonging to the respondents, surveyed under Nos. 22/1 and 25/6 by virtue of Notification issued under section 4 (1) of the Land Acquisition Act, 1894 and published in Official Gazette dated 28. 5. 1987 for the purpose of construction of Branch Canal of D-1 Selaulim Irrigation Project situated at village Xelvona, Assolda. By virtue of Award dated 30. 9. 1988 the respondents were paid compensation at the rate of Rs. 5/- per sq. m. and the respondents having sought reference to be made to the Reference, the Reference Court was pleased to enhance the said compensation at the rate of Rs. 10/- per sq. m.
(3.) IN support of the Reference, the respondents had produced two sale deeds dated 16. 8. 1984 - Exh. AW. 1/a and 15. 12. 87 - Exh. AW. 1/b and had examined AW. 2 Ganesh Dessai and AW. 4 Francisco Maura in support of the sale deeds. Admittedly, the land of the respondents, as stated by the respondents was a plain level land and had a road passing through the same which road proceeded from Sanvordem to Margao. The respondents had electricity line and water pipeline at a distance of about 100 mts. , and, was situated at a distance of about 3 kms. from Curchorem bazaar,about 2 kms. from Chandor Railway Station and about 5 kms. from Quepem market and there was Timblo's Dockyard at a distance of 200 mts. , a liquor factory and a school at a distance of about 50 metres and there was also a temple nearby. The learned Reference Court preferred to rely upon the first sale deed dated 16. 8. 1984 - Exh. AW. 1/a which was situated in the same village as that of the acquired land and after making certain deductions, fixed the market value of the acquired land at the rate of Rs. 10/- per sq. m. The learned Reference Court chose not to rely on the second sale deed dated 15. 12. 1987 (Exh. AW. 1/b) because it was situated in another village and also because it came to be executed after a notice of acquisition was published in Daily newspaper "herald" dated 16. 3. 87 i. e. nine months after the public was made known about the said acquisition.;