TERTOLIANO DIAS Vs. COMMUNIDADE OF AQUEM AQUEM

JUDGEMENT

(1.) THE appeal arises out of the award passed by the District Judge, South Goa, Margao in Land Acquisition Case No. 296/1995 on 29.11.2007 by which, the learned trial Judge has directed apportionment of an amount of Rs. 96,805.33 in favour of party no. 2 and party no. 3, in the proportion of 50:50 and has directed that the balance amount out of the total amount of Rs. 2,97,752.58 deposited in the Court be sent back to the Land Acquisition Officer after the period of appeal is over. The learned trial Judge has held that the original party no. 3 has failed to prove the claim to the structure under survey no. 270/3 and party no. 3 and legal representatives of party no. 5 have failed to prove their claims. The legal representatives of the original party no. 5 being aggrieved by the award has filed this appeal.

(2.) HEARD Shri Ramani, learned Advocate appearing on behalf of the appellants. None appears for the respondents. I have examined the record with the assistance of the learned Advocate. After considering the submissions made on behalf of the appellants and examining the record, the following points arise for determination:

(3.) SHRI Ramani, the learned Advocate for the appellants has submitted that the Land Acquisition Officer in the award passed by him had granted a "Land Loser's Certificate" in reference to the acquisition of structure nos. 77, 78 and 79 to party no. 5. In view of this, there could not have been a finding to the contrary by the learned trial Judge while considering the reference under Section 30 of the Land Acquisition Act, 1894. The learned Advocate for the appellants has submitted that the entire exercise undertaken by the learned trial Judge, deprivating the appellants of their legitimate claim is not acceptable in law and the impugned award which is adverse to the entitlement of the appellants, has to be set aside.