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2017 Supreme(Bom) 1670

NUTAN D.SARDESSAI
Land Acquisition Officer – Appellant
Versus
Kalidas Atmaram Savaikar – Respondent


Advocates Appeared:
For the Appellants :Priyanka Kamat, Additional Government Advocate
For the Respondent:D. Pangam, L. Fernandes, Advocates

JUDGMENT :

1. This is an appeal at the instance of the Acquiring Department challenging the Judgment and Award dated 21/12/2013 passed by the District Judge-I, North Goa, Panaji in Land Acquisition Case No.2/2007.

2. The Land Acquisition Officer had acquired the land of the respondent for improvement and black topping of the road from Palsari diversion to Tamsuli in Village Panchayat Betki-Candola in Priol Consistency bearing Survey No.92(part) and being an orchard land close to the land lying in the village Candola in an area of 1870 sq.mts. pursuant to the Notification dated 28/01/2002 under Section 4(1) of the Land Acquisition Act (the Act, for short). The Land Acquisition Officer had awarded the total compensation of Rs.61,002/- for the acquired property by the award dated 15/12/2004 and being aggrieved with the said compensation, the respondent had filed an application under Section 18 of the Act seeking a reference to the District Court and claiming the compensation of Rs.100/- per sq.mt. The learned Reference Court on an examination of the material before it had fixed the market value of the acquired land on the date of the Section 4(1) Notification at Rs.90/-per sq.mt. with a























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