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1995 Supreme(SC) 48

K.RAMASWAMY, SUJATA V.MANOHAR
V. M. Salgaocar And Brothers Private LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, Indra Sawhney, K.J.JOHN, Pratap venugopal, R.F.NARIMAN

(1) THIS appeal by special leave at the behest of the claimant arises from the judgment of the division bench of the Bombay High court at Goa bench dated 5/12/1988 made in First Civil No. 54 of 1986. Notification acquiring an extent of 21,920 sq. metres situated in Chicalim Village near Goa Airport was notified in the Gazette dated 6/7/1970 under Section 4(1 of the Land Acquisition Act, 1894, (for short the Act) for the Naval Air Station. The Land Acquisition Officer in his award dated 26/3/1976 determined the compensation at Rs. 5.00 per sq. m. Possession was taken on 28/2/1977. On reference under Section 18, the District Judge determined the compensation by his award and decree dated 31/3/1986 at Rs. 50.00 per sq. m. Feeling aggrieved against the above enhanced market value, the State went in appeal. The High court, as stated earlier, allowed the appeals reversed the award and decree of the reference court and confirmed the award of the Collector.

(2) SHRI R.F. Nariman, learned Senior Counsel for the appellant strenuously contended that from the evidence on record, it would be clear that the lands are possessed of potential value for building purposes. The appellan


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