1

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.103 OF 2005

Shri Narayan Anant Poi Raiturcar

(since deceased)

by his legal representatives:

(a) Smt. Gopikabai Narayan Pai

Raiturcar, widow of

Narayan A. Pai Raiturcar,

residing at 70, Abade Faria Road,

Margao-Goa.

(b) Smt. Sudha alias Anuradha

Vaikunth Naik, wife of

Shri Vaikunth Sripad Naik,

(c) Shri Vaikunth Shripad Naik,

son of Shri Sripad Vaikunth Naik,

both residing at Bhitorli Peth,

Bicholim – Goa.

(d) Smt. Kishori alias Yashodhara

Ramnath Sinai Caro, wife of

Shri Ramnath Sinai Caro,

(e) Shri Ramnath Gurudas Sinai Caro,

son of Shri Gurudas Sinai Caro,

both residing at Siddharth,

Behind Bank of India,

staff Housing Society, Aquem Alto,

Margao – Goa.

(f) Shri Avinath Narayan Pai Raiturkar,

son of Shri Narayan Pai Raiturkar,

(g) Smt. Veena alias Indira Avinash

Pai Raiturkar, wife of Shri Avinash

Pai Raiturkar, both residing at B.3,

Ganesh Prasad, Altinho, Panaji-Goa.

(h) Smt. Nirmala alias Padma

2

Venkatesh Kamat, wife of

Shri Venkatesh Narayan Kamat,

(i) Shri Venkatesh Narayan Kamat,

son of Shri Narayan Kamat,

both residing at 105/A,

Arlem – Raia, Near R.T.O. Office,

Salcete – Goa.

(j) Smt. Lata alias Aruna Manguesh

Shenvi Kakodkar, wife of

Shri Manguesh Shenvi Kakodkar,

and

(k) Shri Manguesh K. Shenvi

Kakodkar, son of Shri Kashinath

Shenvi Kakodkar,

both residing at 'Amrapali Bldg.”,

Opp. Hotel Nova Goa,

Atmaram Borkar Road,

Panaji – Goa.

(l) Smt. Kunda Anilkumar Dhond,

wife of Shri Anilkumar M. Dhond,

(m) Shri Anilkumar Madhukar Dhond,

son of Shri Madhukar Dhond,

both residing at H.No.908,

Behind Kinetic Service,

Janappa Kamat Road, Ambajim,

Margao – Goa.

(n) Shri Shrivallabh Narayan

Pai Raiturkar, son of

Shri Narayn Pai Raiturkar,

(o) Smt. Suchita Shrivallabh

Pai Raiturkar, wife of

Shri Shrivallabh Pai Raiturkar,

both residing at 70,

Abade Faria Road,

Margao-Goa.

All of full ages.

…. Appellants

3

V/s

1. Deputy Collector (L.A.),

Margao-Goa.

2. The Executive Engineer,

Works Division VI (R-S), P.W.D.,

Fatorda, Margao – Goa.

…. Respondents

Mr. P.A. Kholkar, Advocate for the Appellants.

Mr. S. Vahidulla, Additional Government Advocate for the

Respondents.

CORAM : N.A. BRITTO, J.

DATE : 14^th OCTOBER, 2010

JUDGMENT :

Heard.

2.

This appeal is directed against judgment dated 27/12/2004 of

the learned Reference Court in Land Acquisition Case No.8/2002.

The applicant had two plots of land, one surveyed under No.70/4

admeasuring about 1,000 square metres and the other surveyed

under No.71/36 admeasuring about 3,400 square metres. Out of

the first plot 425 square metres, and out of the second plot 1,900

square metres were acquired by the Government by notification

published on Gazette dated 4/07/1991 for the purpose of

construction of a road from Seraulim to Colva in Salcete Taluka.

4

3.

The Land Acquisition Officer awarded compensation to the

applicants at the rate of `4/- per square metre. The applicants

sought enhancement at the rate of `400/- per square metre. The

applicants also sought enhancement of the value of the trees and

also for severance charges. In support of the reference, the

applicants relied upon two sale deeds namely sale deed dated

26/09/1990 by which plot of land admeasuring 1525 square metres

was sold at the rate of `160/- per square metre. The second was

sale deed dated 21/06/1988 by which the plot was sold at the rate

of `183/- per square metre. Both the plots were situated in the

same village Seraulim where the applicants' acquired land was also

situated.

4.

The applicants also relied upon the valuation report prepar