JUDGMENT :

1. Heard Ms. Priyanka Kamat, Addl. Govt. Advocate for the Appellant and Mr. V.R. Tamba for the Respondent.

2. This Appeal challenges the Judgment and Award dated 4/5/2012, made by the Reference Court in Land Acquisition Case No.5/2009, enhancing the market rate in respect of the acquired land from Rs. 200/- per sq. metre to Rs.450/- per sq. metre.

3. In this case, vide notification dated 5/9/2003 issued under Section 4 of the Land Acquisition Act, 1894 (said Act), the State proposed to acquired the Respondent's property admeasuring 23120 sq. metres surveyed under No.16/0 (part) at Chimbel, Tiswadi, Goa for the public purpose of “Ribandar by- pass”.

4. The Land Acquisition Officer, by her Award dated 16/2/2008, determined the market rate at Rs. 200/- per sq. metre. The Reference Court, by the impugned Judgment and Award dated 4/5/2012 has now enhanced this rate to Rs.450/- per sq. metre, as against the claim of the Respondent of Rs. 1200/- per sq. metre.

5. Ms. P. Kamat submits that there is no evidence to sustain the enhancement. She submits that the Respondent is a Devasthan and there are several restrictions when it comes to the Devasthan dealing with its properties. She re