LAWS(BOM)-2013-8-299

VALMIKI FALEIRO Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On August 16, 2013
VALMIKI FALEIRO Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) HEARD Mr. D. Shirodkar, learned counsel appearing for the petitioner and Mr. P. Dangui, learned counsel appearing for the respondent no.1.

(2.) THE above petition challenges an order passed by the learned Additional District Judge, South Goa, Margao dated 02.02.2012 whereby the registration of the reference under Section 30 of the Land Acquisition Act, 1894 made by the Land Acquisition Officer came to be rejected.

(3.) BRIEFLY , the facts of the case as stated by the petitioner are that the petitioner claims right to the property which is surveyed under No.194/1 of Raia Village, which according to the petitioner has been acquired and the compensation has been paid to the respondent no.2 without any right. It is further his case that he learnt about the award passed by the Land Acquisition Officer only on 19.09.2011 and the reference under Section 30 of the said Act was filed on 12.10.2011. The learned Land Acquisition Officer made a reference under Section 30 of the said Act to the learned District Judge. By the impugned order dated 02.02.2012, the learned Additional District Judge refused to register the said reference and consequently, returned the reference application back to the Land Acquisition Officer.