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2022 Supreme(Bom) 288

M.S.SONAK
Executive Engineer, Work Division VI (R-S), Goa – Appellant
Versus
Louis Proto Barbosa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manish Salkar.
For the Respondents: Mr. Sudesh Usgaonkar, Ms. R. Pereira.

JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Salkar, learned Government Advocate for the appellants-State and Mr. Sudesh Usgaonkar learned counsel for the respondent Nos. 1(a) to 1(g)-claimants.

2. This appeal is directed against the judgment and award dated 20.07.2006 made by the reference Court in Land Acquisition Case No. 74/2003 enhancing to a certain extent the compensation awarded for the acquired lands comprising lands surveyed under No. 59/2 and 59/3 admeasuring 862 sq. mtrs. and surveyed under No. 70/0 and 71/0 admeasuring 1275 sq. mtrs and 58(Part) admeasuring 925 sq. mtrs.

3. The acquisition as aforesaid was proposed vide notification under Section 4 of the Land Acquisition Act, 1894 (the said Act) dated 28.03.1995. The acquisition was for the construction of a road in Cuelim, Cansaulim Goa.

4. The Land Acquisition Officer (LAO) by his award dated 20.07.1999 awarded compensation at a uniform rate approximately at the rate of Rs. 21/- per sq. mtrs. The reference Court initially vide its judgment and award dated 20.07.2006 dismissed the reference. However, in First Appeal No. 28 of 2007, this Court vide judgment and order dated 11.10.2013 set aside the award dated 20.07.2006 and rema

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