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Judgment
A.S. Oka, J.—Heard the learned Senior Counsel appearing for the Appellants and the learned Additional Government Advocate appearing for the Respondents. The challenge in this Appeal is to the judgment and award in a reference u/s 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ''the said Act''). The reference u/s 18 of the said Act made at the instance of the Appellants for enhancement in market value was partly allowed and the market value was enhanced to Rs. 23/- per square metre. The Land Acquisition Officer had offered the market value at the rate of Rs. 15/- per square metre. The Notification u/s 4(1) of the said Act was issued on 6th November, 1991 which was published in the Official Gazette dated 7th November, 1991.
After the Appeal was called out for hearing, the learned Senior Counsel appearing for the Appellants has tendered an application under Rule 27 of Order XLI of Civil Procedure Code, 1908. A prayer is made for permitting production of a certified copy of the judgment and award dated 10th March, 2004 passed in Land Acquisition Case No. 89/98. The learned Senior Counsel appearing for the Appellants pointed out that the said judgment and award is in a reference u/s 18 of the said Act relating to another land acquired on the basis of the same notification u/s 4 of the said Act. The learned Senior Counsel pointed out that the Appellants were not aware about the said judgment and award wherein the market value has been enhanced to Rs. 187/- per square metre. He submitted that in the circumstances an opportunity deserves to be granted to the Appellants to produce a certified copy of the said judgment and award and to adduce evidence in support of the same, if necessary by passing an order of remand.
The prayer made in the application has been opposed by the learned Government Advocate.
Perusal of a copy of the judgment and award in Land Acquisition Case No. 89/98 shows that the land subject matter of the said case was also notified for acquisition under the same notification u/s 4 of the said Act under which the land subject matter of the present Appeal was notified. The substantial enhancement has been granted under the said award. The case made out in the application is that the said judgment and award was not within the knowledge of the Appellants when the case was pending before the Reference Court.
In view of the averments made in the application and in view of the fact that the judgment sought to be produced relates to acquisition of a land under the same notification, an opportunity deserves to be granted to the Appellants to produce a certified copy of the said judgment. As the Appellants will have to prove that the land subject matter of the said judgment and award is comparable to the acquired land, an opportunity will have to be granted to lead further oral and documentary evidence.
Therefore, this is a case where the impugned judgment and award will have to be set aside by passing an order of remand. Hence, I pass the following order:
ORDER
(A) The impugned judgment and award is quashed and set aside. The Land Acquisition Case No. 55/1996 is restored to the file of the Reference Court.
(B) The parties are directed to appear before the learned Principal District Judge, North Goa, Panaji, on Monday 27th September, 2010 at 10.00 a.m.
(C) The learned District Judge will allow the Appellants to produce a certified copy of the judgment and award in Land Acquisition Case No. 89/98 and will permit the Appellants to lead further oral and documentary evidence.
(D) The learned District Judge will grant an opportunity to the Respondents to lead oral and documentary evidence by way of rebuttal.
(E) After considering the evidence which is already on record and the evidence which will be adduced after the order of remand, the Reference Court will decide the reference afresh on its own merits.
(F) The reference shall be decided afresh preferably by the end of April, 2011.
(G) The Appeal is partly allowed in above terms with no order as to costs.