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2022 Supreme(Bom) 467

M.S.SONAK
Land Acquisition Officer, P. W. D. (Cell) – Appellant
Versus
Pandurang Vishwanath Naik Gaonkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Sulekha Kamat, Additional Government Advocate.

JUDGMENT :

1. Heard Ms. Sulekha Kamat, learned Additional Government Advocate for the appellant-State.

2. The State by instituting this appeal challenges the Judgment and Award dated 21.12.2013 made by the Reference Court in Land Acquisition Case No.3/2007 enhancing the compensation from Rs.53/-per sq. mtr. for the acquired land falling within the settlement zone to Rs.120/-per sq.mtr. and from Rs.20/-for the land falling within the orchard zone to Rs.90/-per sq. mtr.

3. By notification dated 28.01.2002, the Government proposed to acquire land admeasuring 4366 sq. mtrs. at Betqui Candola of Ponda Taluka. The acquisition was for improvement and black-topping of the road from Palsari diversion to Tamsuli. The acquired property bears Survey No.99(Part) of Village Candola of Ponda Taluka. Out of this, property admeasuring 987 sq. mtrs. belongs to the respondent.

4. The Land Acquisition Officer (LAO) by his Award dated 15.12.2004 awarded compensation of Rs.53/-per sq.mtr. for an area of 450 sq.mtrs. falling within the settlement zone and Rs.20/-per sq.mtr. for the balance area of 537 sq.mtrs. falling within the orchard zone.

5. The respondent, dissatisfied with the rate awarded, applied for

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