JOAO Vs. JOSE MARIA RODRIGUES

JUDGEMENT

(1.) HEARD Mr. G. Teles, learned Counsel for the petitioner and Mr. C. Mascarenhas, learned Counsel for the respondent. By this petition under Article 227, the petitioner takes exception to judgment and award dated 26/08/2009, passed by the District Judge -2, South Goa, Margao in Land Acquisition Case No. 4/2009 holding that the petitioner/party no.1 and respondent/party no.2 are entitled to equal share in the compensation of Rs. 4,472/ - awarded by the Land Acquisition Officer in respect of the property bearing Survey No. 79/13 of Carmulim village of Salcete Taluka.

(2.) THE Government of Goa acquired land for public purpose. An area of 25 square metres of Survey No. 79/13 of Carmulim village was part of the acquired land. Since there was a dispute between the petitioner and the respondent reference under Section 30 of the Land Acquisition Act, 1894 ('the Act', for short) was made by the Land Acquisition Officer. In Land Acquisition Case No. 4/2009 the petitioner was party no.1 and the respondent was party no.2. At some stage, respondent remained absent and, as such, an ex -parte award came to be passed by the Reference Court on 18/04/2009 directing the payment of entire compensation in favour of the petitioner.

(3.) MR . C. Mascarenhas, the learned Counsel for the respondent at the outset submitted that the Writ Petition filed against the impugned award is not maintainable inasmuch as remedy of appeal is available to the petitioner to challenge the impugned award in terms of Section 54 of the Act. Mr. Mascarenhas further submitted that order dated 12/07/2009 can also be challenged in an appeal against the final award and, as such, the present petition filed is totally misconceived in law.