LAWS(BOM)-2013-7-151

STATE OF GOA Vs. CLEMENTINA D' SOUZA E

Decided On July 12, 2013
STATE OF GOA Appellant
V/S
Clementina D' Souza E Respondents

JUDGEMENT

(1.) HEARD Ms. Kamat, learned Addl. Government Advocate appearing for the Petitioners and Shri Pangam, learned Counsel appearing for the Respondents.

(2.) THE short point for consideration in the above revision is as to whether a deposit of the compensation awarded by the Petitioners to obtain a stay of the execution of the Award passed by the Reference Court whilst disposing a reference under Section 18 of the Land Acquisition Act, would cease the payment of further interest in terms of Section 28 of the Land Acquisition Act ?

(3.) SHRI Pangam, learned Counsel appearing for the Respondents, disputes the contention of the learned Addl. Government Advocate appearing for the Petitioners. Learned Counsel pints out that admittedly the payments were not certified by the Reference Court nor the right of the Respondents to claim the amounts in terms of the Award was withdrawn by this Court whilst directing the payment of the amount to the respective parties. Learned Counsel further pointed out that in any event, the Respondents cannot be estopped from claiming the amount which they are otherwise entitled in terms of the Award passed in favour of the Respondents. Learned Counsel has further taken me through the impugned Order and pointed out that no interference is called for in the impugned Order.