LOURDES ESMERALDA C. COUTINHO Vs. FRANCISCO ROSARIO DCOSTA

JUDGEMENT

(1.) THIS appeal arises out of an Award under Section 30 of the Land Acquisition Act. Before the Court, rival claims were made by the respondents Francisco Rosario D'Costa and others on the one hand and by Lourdes Esmeralda C. Coutinho on the other. The rival claims were for the acquired land admeasuring an area of 1400 square metres from the survey No. 31/29 of Village Cotarli, Sanguem Goa, for the purpose of construction of water courses -Salaulim. Since the dispute arose regarding the ownership of the property, the Land Acquisition Officer had made a reference under Section 30 of the Land Acquisition Act, which was decided.

(2.) It is not disputed that the acquired land is bharad land. It is also not disputed that the acquired land is a part of the larger property which originally belonged to the common ancestors namely Antonio Joaquim Milagres D'Costa and his wife Ana Conceicao Braganza who were the owners of the properties namely Bindesoddo, Nomosso, Pinurgalle, Santomengalle and the house property. The appellant - Lourdes claimed that the property Nomosso eventually came to her by a Gift Deed of the year 1973 from the original allottee. The appellant -Lourdes further claimed that the acquired land is a part of the property Nomosso.

(3.) ON the other hand, respondents Francisco Rosario D'Costa and others claimed that the acquired land is a part of the property Santomengalle, which came to the shares of the respondents in the inventory and, therefore, they are entitled to the compensation. The appellant examined herself and two labourers whereas the respondent examined himself. On the basis of the evidence led by the appellant and particularly the documentary evidence namely land registration certificate at exhibit RW1/A Colly, matriz certificate at exhibit RW1/Z, inventory certificate at exhibit RW1/W and the Gift Deed at exhibit RW1/X along with the Gift of Rectification at Exhibit RW1/Y, learned Judge has came to the conclusion that the property Nomosso, which is the property came to the appellant, is a paddy field since there is a clear reference to that effect in the said documents.