LAWS(BOM)-2022-5-155

GOA HOUSING BOARD Vs. MADAN WAMAN CHONDANKAR

Decided On May 06, 2022
GOA HOUSING BOARD Appellant
V/S
Madan Waman Chondankar Respondents

JUDGEMENT

(1.) In both these appeals, heard Mr. Hanumant D. Naik for the appellant - Goa Housing Board. Mr. Vilas P. Thali, the learned Counsel, appears for respondents/claimants in First Appeal No.198/2009, and Mr. M.B. Da Costa, learned Senior Counsel appears along with Ms. Karishma Betquecar for the respondents/claimants in First appeal No.218/2009.

(2.) The learned Counsel for the parties agrees that both these appeals can be disposed of by a common judgment and order because they pertain to the exact property acquired by the Board vide Notification under Sec. 4 of the Land Acquisition Act, 1894 (the said Act) dtd. 17/5/1990. Therefore, even according to me, both these appeals must be considered together and disposed of by a common judgment and order.

(3.) By Notification dtd. 17/5/1990, under Sec. 4 of the said Act, the Board proposed acquiring properties bearing Survey No.132/1, ensuring 18,415 sq.mtrs. and property bearing Survey No.132/2 admeasuring 6050 sq.mtrs. of village Penha de Franca for the activities of the Board. Thus, the total area proposed for the acquisition was 24,465 sq.mtrs. (acquired property).