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2018 Supreme(Bom) 1480

NUTAN D.SARDESSAI
Special Land Acquisition Officer (N) – Appellant
Versus
Gracinda Braganza (D) Thr. L. Rs. – Respondent


Advocates Appeared:
For the Appellant :Ms. Priyanka Kamat, Additional Government Advocate
For the Respondent: Valmiki Menezes

JUDGMENT :

The acquiring department has challenged the judgment and award passed by the learned Reference Court dated 10-2-2012 upon remand of the file to it by this Court vide the order dated 10-6-2011 passed in the First Appeals No. 18/2006 and 310/2005. The parties would be referred to as the appellants and the respondents for brevity’s sake hereinafter.

2. Admittedly, the appellants had issued a Notification under section 4 of the Land Acquisition Act, 1894, Act for short hereinafter for acquiring the land from the Survey No. 58/32 at Cunchelim, Bardez Taluka in an area of 570 square metres for the Tillari Irrigation Project. The Land Acquisition Officer (LAO), North Irrigation Department, Mapusa, LAO for short, had awarded the total compensation of Rs. 22,800/- at the rate of Rs. 40/- per square metre in respect of the acquired land. The learned Reference Court passed the judgment and award disposing off the reference filed by the respondent enhancing the compensation from Rs. 40/- to Rs. 50/- per square metre and also awarded Rs. 3,000/- towards the severance charges. The parties aggrieved by the said award preferred appeals being the First Appeal No. 18/2006 and First Appeal N


















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