COMMUNIDADE OF CARAMBOLIM Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Appellant.

(2.) The Appellant is the claimant in a reference under Section 18 of the Land Acquisition Act, 1894, (hereinafter referred to as 'the said Act'). The land subject matter of the acquisition was notified under Section 4 of the said Act on 13 th June, 1991. An Award was made under Section 11 of the said Act on 3 rd January, 1994. The Land Acquisition Officer recorded in the Award that the market value of the land was Rs.10.80 per square metre. The Land Acquisition Officer observed that the Appellant had lost title in favour of the tenants in possession and, therefore, the Appellant is entitled to compensation at the rate of Rs.0.40 paise per square metre. By the impugned Judgment and Award, the reference was answered against the Appellant on the ground that the Appellant admitted that title was lost in favour of the tenants.

(3.) The learned Counsel appearing for the Appellant has taken us to the evidence on record. He pointed out that there was nothing on record to show that the alleged tenants had become deemed purchasers and that the Sanad was issued in their favour. He pointed out that a lease for cultivation of the land subject matter of the acquisition was offered by the Appellant by auction every three years and, therefore, the persons cultivating the land could not have claimed to be deemed purchasers. He, therefore, submitted that the Trial Court has committed an error.