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Judgment
S.J. Vazifdar, J.—This is an appeal against the order and judgment dated 21.12.2005 of the IInd Ad-hoc Additional District Judge, Panaji-Goa, enhancing the compensation from Rs. 48/- per sq. metre to Rs. 75/- per sq. metre. The notification u/s 4 of the Land Acquisition Act, 1894 was published on 11th June, 1998. The Government notified its intention to acquire 845 sq. metres of the respondent''s property for the purpose of constructing an approach road to the Curca bridge in Batim and Talaulim Village of Tiswadi Taluka. There is no dispute in this appeal regarding the acquisition itself. Suffice it to note that an award was made on 19th July, 2000. The Land Acquisition Officer awarded Rs. 48/- per sq. metre.
The respondent filed an application u/s 18 of the Act to refer the matter to the District Court. The respondent claimed that the compensation ought to be enhanced to Rs. 700/- per sq. metre.
Before the trial Court, the respondent examined two witnesses who produced two sale deeds. The first sale deed dated 12th September, 1997 relates to the sale of a land admeasuring 417 sq. metres at a price of about Rs. 400/- per sq. metre. The second sale deed dated 20th October, 1993 is in respect of a sale of 20 sq. metres'' of land at a price of about Rs. 400/- per sq. metre.
On the basis of these sale deeds, the learned Judge did not grant the enhancement from Rs. 48/- per sq. metre to Rs. 400/- per sq. metre on the ground that the land presently acquired is an agricultural land and there is nothing to indicate that the respondent was entitled to put up any construction upon the same. It is important to note that the appellants also examined one Mr. A.J. Bhounsle, Executive Engineer. In the course of his cross examination, the respondent produced an Award dated 21st December, 2005 wherein a compensation at Rs. 75/- per sq. metre was granted by the IInd Ad-hoc Additional District Judge (FTC), Panaji-Goa. There is nothing to indicate that this judgment was set aside.
In these circumstances, it is difficult to find fault with the learned Judge who enhanced the compensation to a sum of Rs. 75/- per sq. metre. The difference between the amount offered in the award and the amount enhanced by the trial Court is less than Rs. 25,000/- in aggregate. The appeal is, accordingly, dismissed. But, with no order as to costs.