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Judgment
F. M. Reis, J.—Both the Appeals take exception to the Judgment and Award dated 11th February, 2005, passed by the learned IIIrd Addl. District Judge, South Goa, at Margao, in Land Acquisition Case no. 392/1995. The Appellants in First Appeal no. 156/2005 are the original Claimants/Applicants and the Appellants in First Appeal no. 297/2005, are the acquiring bodies/Respondents to the land acquisition proceedings.
The parties shall be referred to as they figure in the cause title of the impugned Judgment and Award.
By notification u/s 4 of the Land Acquisition Act, 1894, (herein after referred to as ''the said Act''), dated 30th September, 1981, the land of the Applicants surveyed under nos. 5/1, 5/2, 259/1, 259/2, 100/9, 100/10, 100/11, 100/12, 100/14, 100/23, 100/24, 100/25, 100/26, 100/27, 125/2, 4, 6, 8, 10, 12, 20, 22, 24, 26, 28, 30, 32, 34, 36, 38, 39, 41, 43, 47, 49, 51, 53, 55, areas marked as a pond and not given any survey number, 259/1, 2, 262/31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 68, 70, 73, 75, 78, 81, 82, 83, 84, 263/2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 264/1, 2, 3, 4, 5, 6, 264/7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 238/1 to 238/75, 237/1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 236/34, 35, 36, 37, 92/3, 93/1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 16, 17, 20, 21, 24, 29, 25, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 99/2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 31, 32, 176/10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 175/1, 2, 3, 4, 5, 6, 172/1, 145, 143/1, 155/1 and 173/8, situated at Cortalim Village, were acquired for the construction of new Broad gauge line for the Konkan Railway, totally admeasuring an area of 1,06,042 square metres. By an Award passed by the Land Acquisition Officer dated 24th January, 1995, the Applicant was awarded a total compensation of Rs.1,69,321.50 for the land acquired.
Being dissatisfied with the said compensation awarded, the Applicants sought a reference u/s 18 of the said Act for enhancement of compensation for the said land acquired from the Applicants and claimed compensation at the rate of Rs.300/-per square metre. By Judgment and Award dated 11th February, 2005, the Reference Court partly allowed the reference and determined the compensation in respect of the property surveyed under no. 5/1 admeasuring 475 square metres at the rate of Rs.109/-per square metre less the amount paid per square metre for the land acquired; for survey no. 5/2 admeasuring 10,875 square metres, amount determined was at the rate of Rs.109/-less the rate paid per square metre by the Land Acquisition Officer. For an area of 386 square metres from survey nos. 145 and 143/1, the Applicant was awarded compensation at the rate of Rs.134/-per square metre less amount paid by the Land Acquisition Officer. Besides the said amounts, the statutory benefits were also awarded to the Applicants.
Being aggrieved by the said Judgment and Award, the Applicant as well as the Respondents have preferred the above Appeal.
The learned Counsel appearing for the Applicants has assailed the impugned Judgment and submitted that the market value of the land as on the date of Section 4 notification, was at a minimum rate of Rs.300/-per square metre. He further submitted that there was substantial evidence on record to come to the conclusion that the market value of the land was much higher than the one awarded by the impugned Judgment. The learned Counsel further submitted that the Reference Court has totally ignored to determine the compensation for a major portion of the land acquired and, on this ground alone, the impugned Judgment stands vitiated. He further submitted that the Reference Court has awarded compensation only for the lands acquired in respect of the properties surveyed under no.145, 143/1, 5/1, and 5/2 while, on the contrary, with regard to the remaining portion of the land acquired, no determination of compensation has been considered by the Reference Court. He further submitted that as such, in the interest of justice, it would be appropriate that the Reference Court be directed to determine the compensation in respect of the remaining portions of land.
On the other hand, the learned Counsel appearing for the Respondents has submitted that the Reference Court has determined the market value of land at a higher side as there is no evidence on record to show that the awards relied upon by the Reference Court are comparable with the land acquired. He further submitted that the land which has been acquired is a Communidade land and, as such, the same has no potential for development as there are restrictions imposed under the statute. He further submitted that there was no evidence adduced by the Applicants to claim any enhancement of compensation to the one awarded by the Land Acquisition Officer. As such, the learned Counsel submitted that the Appeal preferred by the Respondents is to be allowed and the reference sought by the Applicant u/s 18 of the Act, deserves to be dismissed.
Having heard the learned Counsel and on perusal of record, we find that the Reference Court has determined the compensation only in respect of the portions of the property which have been acquired and are surveyed under nos. 145, 143/1, 5/1 and 5/2. There is no discussion whatsoever with regard to the determination of compensation in respect of the remaining portions of land acquired by the Respondents belonging to the Applicants. The learned Counsel for the Respondents has fairly conceded that the Reference Court has in fact not even considered the right for compensation of the Applicants in respect of the remaining portion of land which were subject matter of the reference proceedings u/s 18 of the Act. We have referred at para 4 the detailed survey numbers in respect of different portion of land belonging to the Applicants which have been acquired. Aw.1, in his affidavit has restricted the claim of the Applicants to the Survey numbers as mentioned in Para 15 of the affidavit. As such, in the interest of justice, we find it proper to remand the matter back to the Reference Court under Order 41 Rule 25 of the Civil Procedure Code, 1908, so as to determine the compensation with regard to remaining portions of land referred to herein above, which were the subject matter of the reference. Though the Reference Court had framed the issue as to whether the Applicants were entitled for compensation of Rs.300/-per square metre, nevertheless with regards to the said portion of land, no compensation has been determined nor any reasons have been given as to whether the Applicants are entitled to compensation for such portions of land or not. The contention advanced by the learned Counsel for the Applicants as well as the Respondents challenging the quantum of compensation awarded by the impugned Judgment and Award shall be considered after the finding is arrived at by the Reference Court pursuant to the orders passed in the present Appeal.
In view of the above, the point for determination by the Reference Court after the remand is as follows :
(a) Whether the Applicants prove that they are entitled for compensation at the rate of Rs.300/- per square metre in respect of the land acquired besides the properties surveyed under nos. 145, 143/1, 5/1 and 5/2.
The finding on the said issue shall be arrived at by the Reference Court after hearing both the parties and after such decision, return the finding with reasons thereof to this Court in accordance with law. The Appeals preferred by the Applicant and the Respondents, shall be considered and disposed of after such findings are arrived at by the Reference Court.
In view of the above, the Reference Court is directed to decide the said issue referred to at Para 10(a) and return the finding along with reasons to this Court within a period of three months from the date of receipt of this Order. The Registry is directed to return the Records and Proceedings in Land Acquisition Case no. 392/1995 to the concerned Court. The parties are directed to appear before the Reference Court on 12.07.2010 at 10.00 a.m.