KASHINATH BETU GAWAS SON OF BETU GAWAS Vs. ADDITIONAL DEPUTY COLLECTOR/LAND ACQUISITION OFFICER, MAPUSA SUB-DIVISION AND GOA DAMAN AND DIU INDUSTRIAL DEVELOPMENT CORPORATION

JUDGEMENT

(1.) We have heard the learned Counsel appearing for the appellant. We have heard learned Additional Government Advocate appearing for first respondent and the learned Counsel appearing for second respondent which is the acquiring body.

(2.) The challenge in this appeal is to the judgment and award dated 24th May, 2007 passed in a Land Acquisition Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) made at the instance of the appellant. The acquisition related to the land having an area of 2,16,100 square metres surveyed under Survey No. 207 (part) of Navelim Village. The Notification under Section 4(1) of the said Act was published in Official Gazette on 21st October, 1993. By the impugned judgment and award, the reference has been dismissed. One of the grounds on which reference is dismissed is that Form No. I and XIV disclose that the appellant is the tenant in respect of the acquired land. The Reference Court referred to Section 2 of the Goa Land Use (Regulation) Act, 1991 and came to the conclusion in view of prohibition contained in Section 2 of the said Act of 1991, the market value of the acquired land cannot be determined on the basis of building potential of the acquired land in as much as the acquired land could not have been put to any use other than agriculture. As there was no evidence of comparable sale instances, the reference was answered against the appellant.

(3.) Misc. Civil application No. 516 of 2010 has been preferred by the appellant by invoking Rule 27 of Order XLI of the Code of Civil Procedure, 1908 (herein after referred to as the said Act). It is pointed out in the said application that now the appellant is in possession of certain sale deeds relating to agricultural lands which according to the appellant were comparable lands. Permission is sought to produce copies of the sale deeds and copies of Form No. I and XIV in respect of the lands subject matter of the said sale deeds. It is stated in the application that the appellant is an illiterate person and he only knows to sign in devnagari script. The appellant had no knowledge of the documents which are sought to be produced.