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Judgment
A.P. Lavande, J.—Heard Mr. Diniz, learned Counsel for the Appellant, Mr. Rodrigues, learned Additional Government Advocate for the Respondent No. 1 and Mr. Bhobe, learned Counsel for Respondent No. 2.
By this appeal, the Appellant takes exception to the judgment and award dated 8th August, 2003 passed in Land Acquisition Case No. 138 of 1997 rejecting the reference u/s 18 of the Land Acquisition Act,1894 ("The Act" for short).
Vide Notification dated 22/3/1990 issued u/s 4(1) of the Act, the Government of Goa acquired lands of several persons for public purpose, that is, for establishment of the expansion of Verna Industrial Estate (Phase II). An area admeasuring 3047 sq. metres of survey No. 98 of village Quelossim of Mormugao Taluka belonging to the Appellant was part of the acquired land. The Appellant claimed compensation at the rate of Rs. 210/- per sq. metre. The Land Acquisition Officer made award on 19/4/1993 and awarded Rs. 10/- per sq. metre in respect of 2723 sq. metres and Rs. 7/- in respect of 324 sq. metres. The Land Acquisition Officer while passing the award followed the belting system.
Aggrieved by the compensation granted, the Appellant sought reference u/s 18 of the Act and claimed Rs. 210/- per sq. metre. In Land Acquisition Case No. 138/1997 the Appellant examined two witnesses whereas the Respondents did not examine any witness. The Reference Court rejected the reference. Aggrieved by the impugned judgment and award, the Appellant has filed the present appeal.
Mr. Diniz, learned Counsel for the Appellant submitted that the issue involved in the present appeal is squarely covered by the Division Bench judgment of this Court dated 22/7/2010 passed in First Appeals Nos. 300 of 2003,317 of 2003 and 300 of 2003 in which the Division Bench of this Court after assessing the evidence led in three appeals has awarded compensation at the rate of Rs. 48/- , Rs. 24/- ,Rs.20/- and Rs. 15/- per sq. metre in respect of different portions of lands by following the belting system. According to Mr. Diniz in respect of an area of 3047 sq. metres, the Appellant is entitled to compensation at the rate of Rs. 48/- per sq. metre and in as much as the land surveyed under survey No. 40/part which was subject matter of the appeal was similar to the plot admeasuring 3047 sq. metres of the Appellant. Mr. Diniz further submitted that in respect of the remaining area of 324 sq. metres the Appellant is entitled to compensation at Rs. 32/- per sq. metre since the Land Acquisition Officer himself awarded Rs. 7/- per sq. metre in respect of land covered by belt No. 2 and Rs. 10/- in respect of land covered by belt No. 1.
Mr. Bhobe, learned Counsel appearing for Respondent No. 2 fairly concedes that the Appellant is entitled to compensation at the rate of Rs. 48/- per sq. metre in respect of 2723 sq. metres and at the rate of Rs. 32/- in respect of 324 sq. metres, in view of the judgment passed by the Division Bench in the above referred appeals and the in view of the award passed by the Land Acquisition Officer.
In view of the above, the appeal is partly allowed. The Appellant is entitled to compensation at the rate of Rs. 48/- per sq. metre in respect of an area of 2723 sq. metres and compensation at the rate of Rs. 32/- per sq. metre in respect of the remaining area of 324 sq. metres. Needless to mention that the Appellant is also entitled to all the statutory benefits under the Act.
The appeal stands disposed of in the aforesaid terms with no order as to costs.