JUDGMENT :

1. Heard Mr. S.P. Munj, learned Additional Government Advocate for the appellant-State and Mr. Dinesh Naik for the respondents-claimants.

2. This appeal challenges the Judgment and Award dated 30.07.2011 made by the Reference Court in Land Acquisition Case No.27/2009 enhancing the rate determined by the Land Acquisition Officer (LAO) i.e. Rs.600/-per sq. mtr. to Rs.2250/- per sq. mtr.

3. In this case, by notification under Section 4 of the Land Acquisition Act (said Act) dated 15.11.2004, the State acquired amongst others, respondents’ land admeasuring 110 sq. mtrs. situated at Caranzalem, Panaji, Goa for road widening purposes. The LAO by his Award dated 18.07.2007 determined the market rate at Rs.600/-per sq.mtr. The Reference Court by the impugned Award dated 30.07.2011 has enhanced this rate to Rs.2,250/- per sq. mtr. Hence the present appeal.

4. Mr. Munj submits that the enhancement is excessive and not borne out of the evidence on record. Firstly, he submits that what was acquired was only a strip admeasuring 110 sq. mtrs. abutting the road which, in any case, the respondents could never have utilized because the same was within the road alignment area. Secondly, he su