The main legal point established in the judgment is the determination of appropriate compensation for acquired land under the Land Acquisition Act, 1894, considering the market value, purpose of acquisition, and evidence presented.

Both the above appeals are taken together for final hearing as they challenge the same judgment and award passed in Land Acquisition Case No.12/2000 dated 29/11/2005.

2. The parties shall be referred to in the manner they so appear in the cause title of the impugned judgment.

3. Pursuant to a notification under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as "the said Act" dated 24/04/1992, land was acquired from Betalbatim in Salcete Taluka for construction of road from Nagwaddo, Humpto via Cemetery, Bhimwado and from Ranwado Chapel to Betalbatim main road in Village Panchayat of Betalbatim main road and amongst the land which was acquired a portion of the property under Survey No.1/1 situated at Consua Village admeasuring an area of 400 square metres, was also acquired. By an award passed under Section 11 of the said Act dated 6/09/1994, the Land Acquisition Officer offered the compensation of a sum of Rs.11.50 per square metre for the land acquired.

4. Being dissatisfied with the said amount the applicant sought a reference under Section 18 of the said Act and claimed a compensation at the rate of Rs.300/-per square metre for the land acquired. By judgment and award dated 29/11/2005, the learned Reference Court partly allowed the said reference and fixed the compensation at the rate of Rs.41/- per square metre. Being aggrieved by the said judgment, the applicant as well as the respondents have preferred the present appeal.

5. Ms. S. Linhares, the learned Additional Government Advocate appearing for the respondents has assailed the impugned judgment and pointed out that the land acquired was a narrow strip of land which was used for the road by the applicant and, as such, the question of fixing the compensation on the basis of sale instance as sought to be done by the Reference Court while awarding a sum of Rs.41/- per square metre is totally erroneous. The learned Counsel has taken me through the evidence on record and pointed out that the land acquired had no potentiality of being used for any other purpose as admittedly the land was purchased by the applicant for the purpose of providing access to his property. The learned Counsel has further pointed out that the Reference Court has erroneously enhanced the compensation offered by the Land Acquisition Officer as according to her the amount offered in the award under Section 11 of the said Act was just and appropriate. The learned Counsel further submitted that it is not the case of the applicant that in view of the acquisition of the land, the property of the applicant has become land locked and, as such, the question of alleging that the compensation be fixed at the rate of Rs.125/-per square metre on the basis of the sale instance produced by the applicant does not arise at all. The learned Counsel has taken me through the impugned judgment and pointed out that the Reference Court has totally misdirected itself in enhancing the compensation and, as such, the appeal preferred by the respondents deserves to be allowed and the impugned judgment be quashed and set aside.

6. On the other hand, Shri M.P. Almeida, the learned Counsel appearing for the applicant has submitted that the amount awarded by the Reference Court at the rate of Rs.41/- per square metre is on the lower side. The learned Counsel has further submitted that it is well settled that the price at which the land acquired has been purchased by the land owner should be the amount of compensation to be awarded for acquiring such land and, as such, the question of the Reference Court effecting any deductions on the amount of the price fixed in the sale instance produced by the applicant at the rate of Rs.125/- per square metre does not arise. The learned Counsel has further pointed out that the applicant is entitled for the compensation on the basis of the said sale instance in respect of the very land acquired after giving necessary appreciation for the period between the date