AI Structured Summary
Not yet generated for this judgment
Judgment
F.M. Reis, J.—The parties shall be referred to in the manner as they so appear in the cause title of the impugned Judgment. Shri Sudesh Usgaonkar, learned Counsel appears for Applicant No. 3 and Shri Vivek Rodrigues, learned Counsel appears for Applicant No. 2. Applicant Nos.1 and 4 though served have remained absent.
The above appeal challenges the Judgment and Award passed by the learned District Judge, South Goa, Margao dated 30-3-2005 in Land Acquisition Case No. 280 of 1992 whereby the reference u/s 30 of the Land Acquisition Act, 1894 was disposed of by the learned Reference Court holding that neither of the Applicants had established their claim to the compensation and directed that the amount awarded u/s 11 of the said Act be returned to the Land Acquisition Officer.
During the course of the hearing of the above appeal, it was pointed out by the learned Counsel that there is a reference in the impugned Judgment to a Civil Suit filed before the learned Civil Judge at Quepem in respect of the property surveyed under No. 6/1. The learned Counsel appearing for Applicant No. 2 Shri Vivek Rodrigues has submitted that the said suit has been disposed of and according to him the decree is in favour of the said Applicant. Shri Sudesh Usgaonkar, learned Counsel is unable to confirm the correctness of the said statement. Be that as it may, it was not disputed by the learned Counsel that the subject matter of the said suit and the subject matter of the land acquired was the same. Accordingly, both the learned Counsel pointed out that instead of considering the relevancy of the said Judgment before this Court, it would be appropriate that the matter be remanded to the learned Reference Court to decide the reference afresh after giving an opportunity to the parties to be heard and the parties be allowed to produce the Judgment passed in the said Civil Suit. Liberty be also given to the parties to lead further evidence if they so desire in support of their respective claims to the compensation awarded. In view of the above, the following Order is passed by consent.
ORDER
Both the appeals are partly allowed.
The impugned Judgment and Award dated 30-3-2005 is quashed and set aside.
Land Acquisition Case No. 280 of 1992 is restored to the file of the learned Reference Court.
The learned Reference Court is directed to decide the said reference afresh after hearing both the parties in the light of the observations made herein above in accordance with law.
Appeals stand disposed of accordingly with no orders as to costs.
6.. Parties are directed to appear before the learned Reference Court on 22-8-2011 at 10.00 a.m.