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2022 Supreme(Bom) 466

M.S.SONAK
Avelino Rodrigues S/o. Alex Santan Rodrigues – Appellant
Versus
Executive Engineer, Works Division VII, Goa Tillari Irrigation Development Corp. – Respondent


Advocates Appeared:
For the Appellants : Mr. Gajendra Usgaonkar.
For the Respondent: Mr. Vishwadh Sardessai.

JUDGMENT :

1. Heard Mr. Usgaonkar, learned counsel for the appellants, and Mr. Sardessai learned Additional Government Advocate for the respondent.

2. This appeal takes an exception to the judgment and award dated 04.01.2014 made by the learned Reference Court in Land Acquisition Case No.42/2009 dismissing the appellants' reference under Section 18 of the Land Acquisition Act, 1894 (the said Act) seeking enhancement of compensation.

3. By notification dated 06.12.2006 issued under Section 4 of the said Act, the State proposed to acquire the appellants' property admeasuring 19,611 square meters surveyed under No.153/2 of Torcem Pernem Goa for Tillari Irrigation canal.

4. The Land Acquisition Officer by his award dated 29.05.2009 determined the market rate atRs.40/- per square meter. Dissatisfied with this rate, the appellants applied for reference under Section 18 of the said Act claiming compensation at the rate of Rs.1000/- per square meter for coconut garden area and Rs.400/- for cashew garden area.

5. The reference Court vide impugned judgment and award dated 04.01.2014 has however dismissed the reference and maintained the rate awarded by the Land Acquisition Officer. Hence, this ap

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