DEPUTY COLLECTOR, MARMUGAO Vs. TOME CARVALHO

JUDGEMENT

(1.) Heard Shri Vivek Rodrigues, learned Addl. Government Advocate appearing for the Appellants. None for the Respondents, though served.

(2.) The above Appeal challenges the Award passed by the learned Reference Court dated 24.09.2007, whereby whilst deciding issue nos. 4 and 5, the Reference Court came to the conclusion that such amounts are to be paid from the date of the possession which was prior to Section 4 Notification under the said Act in the present case.

(3.) Shri Rodrigues, learned Addl. Government Advocate appearing for the Appellants, has assailed the impugned Judgment only on the ground that the Reference Court has misinterpreted the provisions of the said Act whilst coming to the conclusion that the amount of compensation in terms of Section 23(1-A) of the said Act is to be paid from the date of the possession which was admittedly taken over on or about 14.09.1998. Learned Addl. Government Advocate further points out that interest on solatium awarded by the Reference Court on the said amount has also been directed to be paid from 14.09.1998 i.e. the date of possession. Learned Addl. Government Advocate has taken me through the impugned Award and pointed out that the learned Judge whilst coming to such conclusion has relied upon the Judgment of the Apex Court in the case of Asst. Commissioner vs. Mathapathi Basavannewwa & Ors., 1995 AIR(SC) 2492 which has been overruled by the Apex Court in the Judgment in the case of Siddappa Vasappa Kuri & anr. vs. Spl. Land Acquisition Officer & anr, 2001 AIR(SC) 2951 and in the case of R. L. Jain (D) by LRs vs. D. D. A. & Ors, 2004 AIR(SC) 1904.