- (1.) THE appellants have approached this Court by way of the aforesaid first appeal, challenging the legality and propriety of the Judgment and Award dated 22nd December, 2006, passed by the Adhoc District Judge -1, FTC -I, South Goa, Margao in Land Acquisition Case No.1/2005. By the said Award, the reference filed by the respondents herein was partly allowed and the compensation granted to the respondents was enhanced to Rs. 300/ - per sq. metre.
(2.) THE respondents are owners of the property bearing Chalta No.4, P. T. Sheet No.174 admeasuring 157 sq. metres situated at Kantem -Baina, Vasco Da Gama, Goa. Out of this land, the appellants acquired an area admeasuring 75 sq. metres for construction of 4 -lane road from Verna to Mormugao Harbour. The Land Acquisition Officer fixed the compensation in respect of the acquired land at the rate of Rs. 168/ - per sq. metre. The respondents being aggrieved by the rate of compensation fixed by the LAO, filed a reference under Section 18 of the Land Acquisition Act, 1894. The learned reference Court, partly allowed the reference, enhancing the compensation granted to the respondents at the rate of Rs. 300/ - per sq. metre.
(3.) BEFORE the reference Court, the respondents claimed that the market rate of the acquired land was Rs. 800/ - per sq. metre and in support thereof, relied upon a Sale Deed of the year 1998, which was in respect of a plot of land admeasuring 278 sq. metres, situated at Baina, Vasco Da Gama, Goa. On the contrary, the appellants claimed that the property of the respondents was falling within Coastal Regulation Zone and it has no development potential. The respondents also contended that looking to the size of the plot, unclean surrounding and ban on construction, the compensation arrived at by the Land Acquisition Officer was just and fair. The learned reference Court, after hearing both sides, heavily relied upon the said sale deed of the year 1998 and also considered the respondents' contentions and came to the conclusion that the amount of Rs. 300/ - per sq. metre would be an adequate compensation for the respondents' land acquired by the appellants. Mr. Vivek Rodrigues, learned Additional Govt. Advocate submits that the sale deed on which the learned reference Court has placed heavy reliance was not at all admitted and exhibited in evidence. The learned Counsel for the respondents does not dispute that the sale deed was not exhibited. Even the record discloses that the sale deed was not exhibited. It appears that the sale deed was merely annexed to the report of the Valuer AW.2. In these circumstances, in my considered view, the learned reference Court committed an error in placing reliance upon the said sale deed. If the said sale deed is ignored, there there is no material on record to support the findings arrived at by the learned reference Court.;