JOSE ONOFRE ANTONIO Vs. DY COLLECTOR

JUDGEMENT

(1.) WE have heard learned Counsel appearing for the appellant and the learned Addl. Govt. Advocate on behalf of the respondents. The challenge in this first appeal is to the Judgment and Award dated 17th October, 2007, by which the reference made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") has been rejected.

(2.) THE acquisition relates to lands surveyed under survey Nos. 141/2, 141/ 12, 141/13, 141/14, 141/16 and 141/17 of Village Macazana, Salcete Taluka. THE notification under Section 4(1) of the said Act was lastly published on 30th January, 2004. THE Land Acquisition Officer offered compensation at the rate of Rs.15/- per sq. metre for cultivable paddy fields and at the rate of Rs.30/- per sq. metre for bharad lands.

(3.) THE appellant has disputed the claim of tenancy as regards the aforesaid two lands. As the references under Section 30 of the said Act, relating to the aforesaid two lands were pending, the present reference under Section 18 of the said Act ought not have been decided before disposal of the said references under Section 30 of the said Act. Moreover, the references under Section 30 will have to be adjourned till the issue of tenancy as regards the two pieces of lands is decided by the Mamlatdar.