A. P. LAVANDE, J.:- By this appeal, the appellants take exception to the Judgment and Award dated 29.10.2003 passed by the learned 1st Additional District Judge, Panaji in Land Acquisition Case No. 43/1999 by which reference under Section 18 of the Land Acquisition Act, 1894 ('the Act' for short) has been rejected.

2. Vide notification issued under section 4(1) of the Act which was published in the official gazette dated 16.11.1992, the Government of Goa acquired for public purpose land admeasuring 1,15,000 square metres from the survey no.499/0 situated at Tivim, belonging to Shri Narayan Vithu Vaigankar. The appellants are the legal representatives of said Narayan Vithu Vaigankar. The claimant late Narayan Vaigankar claimed Rs.170/- per square metre. The Land Acquisition Officer by an award dated 22.3.1995 fixed the market rate of the acquired land at Rs.20/- per square metre. Late Shri Narayan Vaigankar claimed to be lawful tenant in possession of the property which was belonging to Communidade of Tivim.

3. Dissatisfied with the award late Shri Narayan Vaigankar sought reference under section 18 of the Act and claimed compensation at the rate of Rs. 170/- per square metre.

4. In La

Click Here to Read the rest of this document