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2007 Supreme(Bom) 1607

N.A.BRITTO, R.M.S.KHANDEPARKAR
Goa Housing Board – Appellant
Versus
Attorney of Communidade of Mapusa – Respondent


Advocates Appeared:
Mr. A.N.S. NADKARNI, Advocate for the Appellants.
Mr. V. MENEZES, Advocate for the Respondent.

JUGMENT

N.A. BRITTO, J. :- Challenge in this appeal is to the award dated 7-1-2003 of the learned Additional District Judge, Mapusa, enhancing the compensation from Rs.20/- to Rs.80/- per sq. meter.

2. Some facts are required to be stated to dispose off the present appeal.

3. By notification issued under section 4(1) of the Land Acquisition Act, 1894 and published on Gazette dated 25-10-1984 the government acquired 10,491 sq. mts. of land forming part of Chalta No.3 of P.T. sheet No.67 of Mapusa belonging to the Respondent Communidade for the purpose of housing activities of the Appellant-Goa Housing Board and by award dated 29-10-1987 the Land Acquisition Officer offered to the said Communidade compensation at the rate of Rs.20/- per sq. mt.

4. Dissatisfied with the said award of the Land Acquisition Officer, the Communicate preferred a reference and in the said reference examined 4 witnesses to support its case for enhancement. The Communidade produced an award in respect of the same land a measuring 5585 sq. mts. acquired subsequently for water reservoir by notification published on Gazette dated 7-3-1986 by which the Communidade was paid Rs.50/- per sq. mt. The Communidade also pro












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