First Appeal No. 44 of 2012. Case: The Executive Engineer, Works Division XVIII (Roads) P.W.D. Vs Ulhas Gopinath Raikar. High Court of Bombay (India)
| Case Number | First Appeal No. 44 of 2012 |
| Counsel | For Appellant: Susan Linhares, Additional Government Advocate and For Respondents: R.G. Ramani, Advocate |
| Judges | K. L. Wadane, J. |
| Issue | Land Acquisition Act, 1894 - Sections 18, 4(1), 6 |
| Judgement Date | January 22, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
K. L. Wadane, J.
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The appellants challenges the order dated 12.9.2011 passed by the learned Ad-hoc District Judge-1, North Goa at Panaji in Land Acquisition Case No. 35/2010 by which the learned Reference Court has allowed the reference of the respondent under Section 18 of the Land Acquisition Act, ("the Act" for short) and enhanced the compensation to the extent of Rs. 202/- per square metre.
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Parties shall hereinafter referred as per their original status.
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The brief facts of the case may be stated as follows:--
An area of 140 square metres belonging to the applicant/respondent herein was acquired from survey No. 43/7 situated at Madkai Village in Ponda Taluka for the purpose of construction of a road from main road Madkai, Tonca to Satki Lake in V.P. Madkai in Ponda Taluka.
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The respondent issued and published notification dated 29.12.2005 under Section 4(1) of the Act and notification under Section 6 of the Act was issued on 18.8.2006. The award was passed on 31.12.2007 by the Land Acquisition Officer and possession of the acquired land was taken on 6.09.2010 by making payment of the compensation. The Land Acquisition Officer awarded compensation at the rate of Rs. 58/- per square metre for the acquired land.
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Being aggrieved with the same, the applicant made a reference under Section 18 of the Land Acquisition Act on the grounds that the acquired land has building potentials and similar land in the locality was sold at Rs. 300/- per square metre. The market value of the land of the applicant at the relevant time was not less then Rs. 300/- per square metre, therefore, the applicant has claimed compensation at the rate of Rs. 300/- per square metres.
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In order to establish the claim of the applicant, he has filed his affidavit his oral evidence and produced on record survey plan, form I and XIV extract, sketch, copy of the judgment in Regular Civil Suit No. 237/2004, copy of the sale deed dated 13.12.2003 and copy of the award at Exhibits 12 to 17 respectively.
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As against this, neither oral nor documentary evidence was produced on behalf of the respondent.
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Considering the oral as well as documentary evidence on record, and mainly relied upon the documentary evidence i.e., copy of the sale deed at Exh. 16. The learned Reference Court enhanced the compensation from Rs. 58/- per square metre to Rs. 202/- per square metre, together with other statutory benefits.
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I have heard the argument of Ms. S. Linhares...
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