SADANAND VISHNU SHIRGAONKAR Vs. MARIA MANUELA BARRETO

JUDGEMENT

(1.) THE Appeal arises out of the Award passed by the learned Adhoc District Judge -2, Fast Track Court -II, South Goa, Margao, in Land Acquisition Case no. 42/2006, by which the reference under Section 30 of the Land Acquisition Act, 1894, is rejected on the ground that it is filed beyond the prescribed period of limitation.

(2.) THE Respondent no. 1 is admittedly the owner of the land which is acquired under the provisions of the Land Acquisition Act, 1894. The Notification under Section 4 of the Land Acquisition Act, 1894, is dated 25.04.2002 and was published in the newspapers on 09.06.2002. The declaration under Section 6 of the Land Acquisition Act, 1894, was published in the Official Gazette on 03.09.2002 and in the newspapers on 09.09.2002 and 14.09.2002. The Award is made on 30.10.2002. The possession of the acquired land was taken by the Government on 26.12.2002 and the Collector of South Goa handed over the possession of the acquired land to Fabrica of St. Sebastian Church by Order dated 02.01.2003. The Cemetery is constructed in the land after the possession is taken by St. Sebastian Church.

(3.) THE issue which had fallen for consideration before the Trial Court was as to whether the reference was within the prescribed period of limitation. After considering the matter, the learned Trial Judge by the impugned Order, concluded that the reference is made after the prescribed period of limitation and rejected the application. The Appellant has challenged the Order passed by the learned Trial Judge.