ANA MARIA FERNANDES AND Vs. EPITACIO PAIS GOANKARWADO

JUDGEMENT

(1.) THE above appeal challenges the judgment and award dated 31/08/2004 passed by the learned Additional District Judge at Mapusa in Land Acquisition Case No. 118/1995.

(2.) AN area of 800 square metres was acquired from the property surveyed under Survey No. 12/3 from the village Goa -Velha, Tiswadi Taluka by the Government for the purpose of road widening. By an award under Section 11 of the Land Acquisition Act, 1894 (herein after referred to as "the said Act"), an amount of Rs. 26,080/ -was awarded as compensation for the said land acquired. In view of a dispute raised by the respective parties, the same came to be referred under Section 30 of the said Act to the learned District Judge. By judgment and award dated 31/08/2004 passed in Land Acquisition Case No. 118/1995, the Reference Court directed that the 50% of the compensation be awarded to the Respondent and that the Appellants are not entitled to any compensation. Being aggrieved by the said judgment, the Appellants have preferred the present appeal.

(3.) ON the other hand, Shri Godinho, the learned Counsel appearing for the Respondent has supported the impugned judgment. He pointed out that the reference was made by the Respondent as authorised representative on behalf of his son. He further submitted that the son himself has deposed in the proceedings and stated that he has a right to the compensation awarded by the Land Acquisition Officer. The learned Counsel further submitted that the Reference Court has rightly awarded the compensation in favour of the Respondent. The learned Counsel took me through the judgment passed in the earlier proceedings and pointed out that the Appellants have no right at all to any portion of the acquired land. The learned Counsel, as such, 4 submitted that the appeal deserves to be dismissed.