BIKU SINAI USGAOKAR Vs. VINAECA XAMBA DALVI

JUDGEMENT

(1.) THIS Letters Patent Appeal arises from the Judgment dated 25th February, 2002 of this Court (Single Bench) in First Appeal No.86/96, which was filed under Section 54 of the Land Acqisition Act, 1894 ("the Act" for short), and not under Section 96 of the Civil Procedure Code.

(2.) AS noted in the Order dated 23rd April, 2004, the issue regarding the maintainability of this Letters Patent Appeal was noted and the decision of the Full Bench was awaited. The Full Bench in the case of Rahul Sharad Awasthi vs. Ratnakar Trimbak Pandit & Ors.(2004 [3] Mh.L.J. 706) has already decided the issue regarding the maintainability of the Letters Patent Appeal in view of the amended provision of Section 100-A of the Civil Procedure Code. The Full Bench in paragraph 37 specifically stated thus:-

(3.) ON 17th March, 1994, the Deputy Collector, South Sub-Division, Margao, made a reference under Section 13 of the Act to decide the entitlement to compensation in respect of the land admeasuring 2,379 sq. mts. acquired for the Ganjem-Bondla road. The said reference was between the present appellants and the respondent and it came to be registered as Land Acquisition Case no.12/75. On its re-registration it came to be numbered as L.A.C. No.128/81. The Reference Court by its Award dated 6th November, 1995, held that the present appellants were not entitled to claim any share in the compensation in respect of the subject land and the said compensation amount was directed to be distributed amongst the the respondents as per the respective shares shown in the Award. The said Award has been confirmed by this Court.