VILLAGE PANCHAYAT OF SHIRODA Vs. DINESH G SARDESSAI

JUDGEMENT

(1.) The above appeal challenges judgment and Award dated 25th November, 2005, passed by the learned Additional District Judge, Panaji, Goa in Land Acquisition Case No. 260/1996.

(2.) Pursuant to a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter, referred to as "the said Act"), land belonging to Respondent No. 1 admeasuring an area of 2875 sq. metres situated at Shiroda Village of Ponda Taluka was intended to be acquired for the construction of a market complex at Shiroda. By an award under Section 11 of the said Act, the Land Acquisition Officer offered compensation at the rate of Rs. 40/-per sq. metre for the acquired land, besides value of the trees. Being dissatisfied with the said amount, Respondent No. 1 preferred a reference under Section 18 of the said Act for enhancement of the compensation, claiming compensation at the rate of Rs. 80/-per sq. metre for the acquired land, besides compensation for the trees. By the impugned judgment and award dated 25th November, 2005, the Reference Court fixed the compensation for the acquired land at the rate of Rs. 50/-per sq. metres, besides other statutory benefits. Being aggrieved by the said

(3.) Mr. Supekar, learned Counsel appearing for the Appellant has assailed the impugned judgment and pointed out that the Reference Court had framed three issues which have not at all been considered, nor answered in the impugned judgment. The learned Counsel further submitted that issue No. 3 was framed in view of the fact that it was the case of the Appellant herein that the reference was barred by limitation. The learned Counsel further submitted that in any event, there are no reasons given by the learned Judge whilst passing the impugned judgment and in coming to the conclusion that the market value of the acquired land, as on the date of Section 4 notification, was Rs. 50/-per sq. metre. The learned Counsel further took me through the evidence on record, as well as the impugned judgment and pointed out that there is no discussion at all by the Reference Court, nor there is any appreciation of the evidence adduced by the Respondent to come to the conclusion that the market value of the acquired land was Rs. 50/-per sq. metre.