GURUNATH VISHNU TARI Vs. NARCINVA VISHNU TARI

JUDGEMENT

(1.) This First Appeal takes exception to the Judgment and Award dated 11.8.2003 passed by the IInd Additional District Judge, Panaji Goa, in Land Acquisition Case No. 8/97. The said Award was passed in a reference under Section 30 of the Land Acquisition Act, for apportionment. The Reference Court has held that the persons whose names appear in the survey records i.e. I & XIV form of survey No.50/4 are all entitled to the compensation in equal shares. The land in question was acquired for the construction of the internal road at Shiroda in Ponda Taluka ( Phase - II) which was included an area of 1115 square metres from survey No.50/4 Part of Shiroda Village by the Award. The Award in respect of the land came to be passed on 30.9.1992 and the Land Acquisition Officer awarded the compensation of Rs.24,198/- for the acquired land. Since there was a dispute about the ownership, the Land Acquisition Officer referred the matter to the District Court by way of reference under Section 30 of the said Act.

(2.) The Respondents filed their written statement in the said reference stating that the property known as "MUSTABAGVORIL MOROD" also known as 'TARIBAG" also known as ''GORBATA" bearing survey No.50/4 of Village Shiroda belongs to their ancestors and their names are correctly recorded in the survey records as the occupants. They have also houses in the property and that they are entitled for the compensation for the acquisition of their land. The Applicants i.e. the Appellants abovenamed claimed compensation to the exclusion of the persons whose names are mentioned in the revenue records. The above Appeal has however been filed only by the Appellant No.1Gurunath Vishnu Tari.

(3.) The Reference Court framed the following issues and answered it in terms of operative part of the Award holding that all the parties whose names are recorded in the occupants column of Form I & XIV of survey No.50/4 are entitled to the compensation. The said issues are reproduced hereinunder :-