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2022 Supreme(Bom) 135

M.S.SONAK
Executive Engineer, Works Division VI, GTIDC, Sarvan, Bicholim-Goa – Appellant
Versus
Santosh Y. Dicholkar – Respondent


Advocate Appeared:
For the Appellant : Ms. Sapna Mordekar, adv
For the Respondent:Mr. S. N. Joshi with Ms. S. Rawool, Advocates

JUDGMENT :

1. Heard Ms. Sapna Mordekar, learned Additional Government Advocate for the appellant-State and Mr. S. N. Joshi for the respondent.

2. This appeal is directed against the Judgment and Award dated 08.12.2014 made by the Reference Court in Land Acquisition Case No.22/2012 enhancing the compensation by determining the market rate of the acquired land at Rs. 250/- per sq. mtr. in place of the rate of 175/- per sq.mtr. determined by the Land Acquisition Officer (LAO).

3. By notification under Section 4 of the Land Acquisition Act, 1894 (said Act) dated 05.11.2009, the State acquired the respondents' property admeasuring 1620 sq. mtrs. surveyed under No.69/1 (Part) of village Bicholim for the construction of Pilgao Narve distributor of Sanquelim Branch Canal of LBMC of TIP from ch.0.00 km to 4.850 km in Sarvan Bicholim and Pilgao village of Bicholim Taluka.

4. The LAO by his Award dated 30.06.2011 determined the market rate of the acquired land at Rs. 175/- per sq.mtr. The Reference Court has now enhanced the compensation by determining the market rate at Rs. 250/- per sq.mtr. Hence this appeal by the State.

5. Ms. Mordekar, the learned Additional Government Advocate at the outset

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