GOA HOUSING BOARD Vs. RAMESHCHANDRA GOVIND PAWASKAR

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals arise out of the judgment dated 26.9.2008 in FA No.216/2003, the first by the Goa Housing Board and the second by the land owner. As the ranks of the parties differ, the Goa Housing Board (appellant in the first matter and second respondent in the second matter) for whose benefit the acquisition was made will be referred to as the 'Board' or the appellant. Rameshchandra Govind Pawaskar (first respondent in the first matter and appellant in the second matter) whose land was acquired will be referred to as the 'respondent'. The Land Acquisition Officer (second respondent in the first matter and first respondent in the second matter) will be referred to as 'the LAO'.

(3.) By an order dated 31.1.1977 passed by the Mamlatdar, Bardez, the respondent was declared as the tenant of Survey No.102/1, Colvale village, Bardez, Goa measuring 374,000 sq. mts. under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 ('Tenancy Act' for short). On payment of the purchase price of Rs.59,980 determined under sections 18C and 18D of the Tenancy Act, a purchase certificate dated 6.5.1993 was issued to him under section 18H of the Tenancy Act confirming that he was deemed to be the purchaser of the said land under the provisions of the Tenancy Act, subject to the condition that the said land shall not be transferred without the previous sanction of the Mamlatdar under section 18K of the Tenancy Act. An extent of 358730 sq.m. of land in the said Survey No.102/1 belonging to the respondent was acquired in pursuance of the preliminary notification dated 9.6.1994 (gazetted on 16.6.1994) corrected by corrigendum dated 26.9.1994 (gazetted on 27.9.1994).