COMMUNIDADE OF LOTULIM Vs. SHIVA GUNA GAWADE

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Award dated 26/08/2005, passed by the learned Adhoc Additional District Judge, Fast Track Court - II, South Goa, Margao (Reference Court), in Land Acquisition Case No. 21/2004.

(2.) Vide notification issued under section 4(1) of the Land Acquisition Act, 1894 ("L.A. Act" for short) published in the Official Gazette dated 23/11/2000, land was acquired from Verna-Loutolim villages for expansion of Industrial Estate and this included an area of 975 square metres from survey holding no. 266/1 of Loutolim village. By Award dated 29/09/2003, the Land Acquisition Officer (L.A.O.) awarded compensation of Rs. 32,168/- for the said acquired land. As there was dispute regarding the entitlement to the compensation awarded by the L.A.O., for the acquired land, a reference was made under section 30 of the L.A. Act which gave rise to the said L.A. case no. 21/2004.

(3.) The appellant, in its written statement, filed before the Reference court, claimed that the land in question constitutes as part of the private village of the Communidade of Loutolim, as stands declared in terms of Diploma Legislativo No. 2070 dated 15/4/1961, and that the entire land in the said village stands declared to be absolute private property of the Communidade. The Appellant further alleged, in its written statement, that the respondent is neither lessee nor tenant and has no right to the said property. According to the Appellant, the respondent has fraudulently claimed benefits under the Tenancy Act and has obtained the Purchase Certificate, as against the objections raised by the Appellant and the said exercise is not binding on it.