GOVERNMENT OF GOA Vs. IVO AGNELO SANTIMANO

JUDGEMENT

(1.) BY this civil revision application, the State Government of Goa through its Chief Secretary, has challenged the order dated 18th August, 2000 passed by the learned District Judge, South Goa, at Margao in Execution Application No. 3 of 1998, contending that the learned District Judge, South Goa in the said execution application has committed an error apparent on the face of it while directing the applicant to pay interest as indicated in para 6 of the order. The learned Counsel for the petitioners does not dispute the liability of the State to pay interest at the rate of 15% from 1st April, 1996 to 8th April, 1996. What is being disputed is the Award of interest subsequent thereto, i. e. from 9th April, 1966 to 7th January, 2000.

(2.) THE brief facts in the above matter are: A notification under section 4 of the Land Acquisition Act was issued on 6th September, 1984. Finally an Award was passed. The original claimants were respondents Nos. 1, 2, 3 and one Ana Conceicao Antonieta Santimano Fernandes and after the reference Court made the Award the said Ana died and in lieu thereof the present respondents Nos. 4, 5 and 6 in this civil revision application are impleaded as legal heirs of the said deceased who was one of the original claimants in the said reference application. The enhanced Award under section 18 of the Land Acquisition Act was passed on 19th August, 1992 whereby it was held that the claimants were entitled to severance charges at the rate of 20% of the said rate of 45 per square metre in respect of non-acquired portion of land with an area of 37,731 square metres. Similarly it was also held that the petitioners were entitled to compensation with boundary of the part of the acquired land with a total length of 610 metres, at the rate of Rs. 52/- per running metre.

(3.) ON 11th March, 1996, the said Ana Conceicao Antonieta Santimano Fernandes alias Ida Santimano Fernandes expired leaving a Will dated 19th April, 1995 whereby the said Ana Conceicao had bequeathed the additional compensation to her son Herbert Santimano Fernandes, respondent No. 2.