SADASSIVA ANANDU SANGTU DEVIDAS Vs. GOVIND VAIKUNTH DESSAI

JUDGEMENT

(1.) By this appeal filed under sec. 54 of the Land Acquisition Act, 1894, the appellants i.e. the legal heirs of the original interested party no.19 have challenged judgment and order dtd. 24/3/2005, passed by the District and Sessions Court, South Goa, whereby the said Court refused to accept the claim of the predecessor of the appellants towards compensation for acquisition of land. In fact, the Court below, by the impugned judgment and order, held that none of the contesting parties could prove their title to the acquired land and on that basis rejected the reference, further directing that the amount of compensation be returned to the Land Acquisition Officer for disposal in accordance with law.

(2.) The impugned judgment and order was passed by the Court below on a reference application under sec. 30 of the aforesaid Act as a dispute arose as regards apportionment of the compensation payable for acquisition of land. The land acquired was from survey no.24 of village Agonda, Taluka Canacona to the extent of 9200 sq. mtrs. The Land Acquisition Officer awarded compensation of Rs.5,98,629.00 for the said land. Several parties laid claims to the said amount of compensation. In the proceedings before the Court below, a total of 20 interested parties filed their claims. It is an admitted position that, except for the predecessor of the appellants i.e. interested party no.19 and the interested party no.6 (respondent no.6 herein) i.e. the Comunidade of Canacona, none of the other interested parties seriously pursued their claims before the Court below.

(3.) As a consequence, the evidence on record was led on behalf of the predecessor of the appellants i.e. interested party no.19 and the Comunidade i.e. interested party no.6. Although, the interested party no.20, being a Devalaya was interested in claiming compensation, but, it did not pursue the matter and conceded that it had no material to show title in any part of the acquired land from survey no.24.