JAIDEV DATTA PANGAM Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties.

(2.) GAMUT of events, led to filing of this first appeal by the appellant, may be listed herein below : (A) The Executive Engineer, Works Division VI, Irrigation Department, Bicholim " Goa initiated a proposal for the purpose of acquisition of the land permanently for the construction of Right Bank Main Canal (second stretch) at Siroli and Gonthelim-Sattari Taluka. (B) Notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter, referred to as "the said Act") were published in the Government Gazettes. Section 4(1) of the said Act Notification was published in the Government Gazette on 6th June, 1983. Section 6 Notification of the said Act was published on October 20, 1983. (C) Notified area for the acquisition under Section 4 was to the tune of 69075 sq. metres. (D) The acquiring body/department, as per its requirement and in consultation with the Land Survey Department, reduced the area to the tune of 59,976 sq. metres. (E) The appellant (hereinafter referred to as "the applicant" for the convenience sake) made a representation on 13.12.1983 to the Special Land Acquisition Officer (for short 'SLAO') pertaining to the actual measurement of the plot/land surveyed under survey No.25/10. According to him, it was to the tune of 850 sq. metres. At the instance of the applicant and at his grievance, the plot i.e. survey No.25/10 was remeasured and it was found to the tune of 500 sq. metres. A copy of the Award of the SLAO which is on record at Exhibit 42/C shows that the land which was surveyed under Survey Nos.25/8 and 25/10 of Gonthelim village was recorded in the revenue record in the name of the applicant Shri Jaidev Datta Pangum as holder thereof. The SLAO has, therefore, recorded that the applicant Jaidev was entitled for full amount of compensation to be awarded for the compulsory acquisition of these two lands or the plots of land. (F) On 14th December, 1983, hearing was scheduled by the SLAO. The applicant, the holder of the plots surveyed under Survey Nos. 25/8 and 25/10, claimed compensation at the rate of Rs.40/- per sq. metre. (G) The applicant during the hearing on 14.12.1983, made available copies of the sale deed dated 21st August, 1981, registered in the Office of Sub-Registrar at Sattari under No.91 of Book I, Vol. VIII dated 4.9.1981 and sale deed dated 18.12.1982 registered under No.178 of Book No.1, Vol. XI dated 1.12.1983, as also Sale Deed dated 8.6.1983 registered under Book No.1, Volume XII dated 23.7.1983. (H) The Award shows that an amount of Rs.26,073-44 was awarded to the land surveyed under survey No.25/8 admeasuring 4200 sq. metres. In other words, the rate per square metre awarded by the SLAO is Rs.2.50 per sq. metre for the land survey No.25/8 which is characterized as bharad land. It is seen that the other plot of the applicant land survey No.25/10 (paddy land) is to the tune of 550 sq. metres and an amount of Rs.2022-54 is awarded towards compensation. The rate per square metre comes to Rs.3/-. This award of the SLAO under Section 11 of the said Act was passed on May 6, 1982 in case No.SLAO/AIP-25. Details of the acquisition of lands owned by the present applicant have been taken from the original award which is on record at Exhibit 42/C and with the assistance of the learned Counsel present before the Court on behalf of the parties.

(3.) THIS Court, (Coram : D.G. Deshpande, J.), after hearing the learned Counsel for the parties, allowed the appeal on 7th March, 2001. The Judgment and Award passed by the learned Addl. District Judge in Land Acquisition Case No.184/90 was quashed and set aside, and the matter was remanded to the trial Court to hear the oral submissions of the parties on the basis of the evidence and the documents which were already on record. This Court further directed the learned Addl. District Judge to accept written submissions in addition and decide the case on or before 30th April, 2001.