COMMUNIDADE OF BALLI Vs. VITHOBA MAHADEV DESSAI

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 28/3/2005 passed by the learned Additional District Judge, South Goa at Margao (Reference Court, for short) in Land Acquisition Case No.282 of 1994.

(2.) Land was acquired for construction of New Broad Gauge Line of Konkan Railway in village Balli of Quepem Taluka. The award under Section 11 of the Land Acquisition Act 1894 (L.A. Act, for short) was passed on 7/12/1993. The acquisition included an area of 12,700 square metres from survey holding no.56/1 of village Balli of Quepem Taluka. There was a dispute amongst the interested parties regarding apportionment of compensation and therefore the matter was referred, under Section 30 of the L.A. Act, to the Reference Court.

(3.) The Appellant filed its written statement claiming that the entire acquired land from survey no. 56/1/(part) is a portion of their property known as "Muyavolintil Mol" bearing Matriz no.105 and therefore it is the Appellant only who is entitled to receive the entire compensation.