AI Structured Summary
Not yet generated for this judgment
Judgment
A.S. Oka, J.—Heard the learned Government Advocate appearing for the Appellants and the learned Counsel appearing for the Respondents. The challenge in this First Appeal is to the judgment and award dated 24th July, 2006 passed by the learned District Judge, Panaji Goa, in a Land Acquisition reference u/s 18 of the Land Acquisition Act, 1894.
The acquisition relates to the land admeasuring 6193 square metres of P. T. Sheet No. 153, Chalta No. 1 (part) situated at Caranzalem. The Notification u/s 4 of the said Act was published on 19th February, 1982. By an award u/s 11 of the said Act dated 8th May, 1992, the Land Acquisition Officer offered the compensation of Rs. 75/- per square metre. The Respondents did not accept the award and at their instance the reference was made. From the perusal of the impugned judgment, it appears that the Reference Court relied upon the decisions of this Court in First Appeal No. 92/2000 as well as First Appeal No. 112/1998. The finding of the Reference Court is that the acquired land subject matter of the Appeal had similar features as that of the land in First Appeal No. 112/1998 and First Appeal No. 92/2000. The Reference Court fixed the market value of Rs. 200/- per square metre.
We have perused the judgments in First Appeal No. 92 of 2000 and First Appeal No. 112/1998. Perusal of the judgment in First Appeal No. 112/1998, we find that the land subject matter of the Appeal was also notified u/s 4 of the said Act on 19th February. 1982. The acquisition relates to two portions of the land bearing Chalta No. 4 (2) admeasuring 3369 square metres and Chalta No. 4 (1) admeasuring 1915 square metres of the same village. Even in the said case, the Land Acquisition Officer offered the market value at the rate of Rs. 75/- per square metre. By the said judgment, the market value in respect of Chalta No. 4 (1) was fixed at Rs. 230/- per square metre. As regards the other land, an order of remand was passed for the reason that there was some material to show that there was a tenant in the acquired land. As far as First Appeal No. 92 of 2000 is concerned, the same has been decided on the basis of the statement made by the learned Advocate General.
From the judgment in First Appeal No. 112 of 1998, we find that the market value of the land which is comparable to the acquired land subject matter of the present Appeal has been fixed at Rs. 230/- per square metre. In the present case, the market value fixed under the impugned judgment and award is Rs. 200/- per square metre.
Therefore, there is no error in the view taken by the Reference Court. Appeal is accordingly dismissed with no order as to costs.