JAIDEV ARJUN VENGURLENCAR Vs. CAPT OF PORTS GOA

JUDGEMENT

(1.) Heard Shri Valmiki Menezes, , learned Counsel appearing for the Appellant and Shri M. Salkar, learned Government Advocate appearing for the Respondents.

(2.) The above Appeal challenges the Judgment and Decree dated 13.02.2007, passed by the learned District Judge, South Goa, Margao, in Civil Suit No. 278/2004. The Appellant filed the suit on the basis that he is the owner in possession of two properties situated at Village Velim, being 1/48th share of the landed property "Valado de Bapsoro" or "Valado Babsorecho Band" bearing survey no. 341/10 admeasuring 150 square metres with an area of 248 square metres being depicted as water and another portion of the same property bearing Land Registration No. 4364 surveyed under no. 341/11 which have been referred to as suit properties. It is further the case of the Appellant that an area of 113.85 square metres is depicted as water along its western boundary in the plan prepared by the Survey Department and further an area of 248 square metres as in like manner being shown in the water which otherwise form part of the property surveyed under no. 341/10. It is further the case of the Appellant that the said portions have been wrongly shown as water and, consequently, the suit came to be filed to seek rectification of the Survey Records and for a declaration that the said two portions of the property forms part and parcel of the property belonging to the Appellant.

(3.) The Respondents filed their written statements opposing the claim put forward by the Appellant and, inter alia, contending that though the Appellant has purchased the two plots bearing survey nos. 341/10 and 341/11, the areas were 150 square metres and 175 square metres beyond which there was no additional land as claimed by the Appellant. It is further their case that the area beyond the said two survey numbers on the western side do not form part and parcel of the property belonging to the Appellant and, consequently, the Appellant has no right therein. The Respondents as such submitted that there is no error in the depiction in the Land Survey Records and, consequently, prayed that the Appeal be dismissed. It is further the contention of the Respondents that the Appellant has encroached into the riverine land towards the western side to the extent of 452 square metres by filling it with mud, and consequently, action was sought to be taken against the Appellant.