Juvenal H. Braganza vs Deputy Collector (REV) and Land Acquisition Officer and The Director, Directorate of Touris

R.M. Savant, J.—This Appeal takes exception to the Judgment and Award dated 6.5.2000 passed in LAC No. 144/97 by the Reference Court in a reference u/s 18 of the Land Acquisition Act ( in short ''the said Act'' ). The acquired land situated at Morombi Pequeno surveyed under No. 132/6 ( part) was acquired for the purpose of setting up/construction of tourist reception centre at Morombi-O-Pequeno, Tiswadi Goa. The Land Acquisition Officer awarded the market rate of Rs. 150/- per square metre with statutory allowances on the compensation awarded at the said rate.

Being dissatisfied by the Award, the Applicant i.e. the Appellant herein sought reference u/s 18 of the said Act. The claim of the Applicant in the said reference was compensation at the rate of Rs. 600/- per square metre. The Notification in question is dated 29.9.1994. The parties led the evidence and on the basis of the said evidence the Reference Court was of the view that the Applicant was not entitled to any enhancement and, therefore, dismissed the reference.

I have heard Shri Joshi, the learned Counsel for the Appellant and Shri Vahidulla, the learned Counsel for the Respondents. During the course of hearing Shri Joshi, the learned Counsel for the Appellant invited my attention to the order dated 16.7.2009 in First Appeal No. 221 of 2005 passed by a Division Bench of this Court comprising of His Lordship the Honourable the Chief Justice Shri Swatanter Kumar, as His Lordship then was, and His Lordship the Honourable Shri Justice N. A. Britto. The said order takes into consideration the settlement arrived at in First Appeal No. 51/2001 before the Lok Adalat on 20.7.2002 in terms of which a decree came to be passed. The learned Counsel for the Appellant states that the land concerned in the said First Appeal No. 51/2001 as also the land covered in First Appeal No. 221/2005 in which the order dated 16.7.2009 came to be passed were lands covered by the same notification as in the instant case i.e. Notification dated 29.9.1994. The instant land is also an adjacent land and is of the same nature as the lands covered by the aforesaid two First Appeals. The learned Counsel for the Appellant therefore submits that the Appellant would be satisfied if he is awarded the same compensation which was awarded in the said First Appeal No. 51/2001 and First Appeal No. 221/2005 i.e. at the rate of Rs. 195/- per square metre.

The learned Government Advocate appearing for the State Shri Vahidulla does not dispute the factual position as aforesaid. In the light of the aforesaid, the above First Appeal is allowed in terms of the Decree passed in First Appeal No. 51/2001 by awarding the Applicant/Appellant the rate of Rs. 195/- per square metre. The Applicant/Appellant would be entitled to the statutory allowances on the compensation computed at the said rate. The above First Appeal to accordingly stand disposed of.