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2022 Supreme(Bom) 642

M.S.SONAK
Kishori Lawanis, Widow of Ranganath Kamat, alias Kishori Ranganath Kamat – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Joaquim Godinho, Advocate
For the Respondent: Ms. Neha Kholkar, Adv

JUDGMENT :

1. I heard Mr. J. Godinho, learned Counsel for the Appellant, and Ms. Neha Kholkar learned Additional Government Advocate for the respondent.

2. The appellant challenges the judgment and award dated 19.10.2018, made by the Reference Court in Land Acquisition Case no.20/2012, dismissing the reference seeking enhancement of compensation.

3. By a notification dated 16.11.2006 issued under Section 4 of the Land Acquisition Act, 1894 (said Act), the State initiated acquisition to realign MDR-21 between Bicholim to Mayem near Dempo Mining Corporation Screening Plant at Bicholim, Goa. The Appellant’s property admeasuring 19813 sq. mtrs. surveyed under no.82/1 (part), 89 (part), and 96 (part) of village Mayem, Taluka Bicholim, were proposed to be acquired. The Land Acquisition Officer determined the rate at Rs.175/-per sq. mtr. The Appellant’s reference claiming the enhancement to Rs.2,500/-per sq. mtr. was rejected by the Reference Court by the impugned judgment and award. Hence, the present appeal.

4. Mr. Godinho, learned Counsel for the Appellant, submits that three sale deeds were produced based upon which the market rate should have been assessed at least at Rs.320/-per sq. mtr

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