THOTA SAYYED Vs. FLAG OFFICER COMMANDING GOA

JUDGEMENT

(1.) HEARD Mr. M. S. Sonak, the learned counsel for the petitioners and Mr. E. P. Badrinarayan, the learned Central government Standing Counsel for the respondents. Rule, returnable forthwith. Mr. Badrinarayan waives service for the respondents. Rule is heard finally at this stage

(2.) THE petitioners have prayed for issuance of writ of mandamus or an order or direction in that nature, commanding the respondents to pay compensation in the sum of Rs. 75,00,000/- alongwith interest at the rate of 18% per annum from 1st October, 2002 for. the total destruction caused to the petitioners' bungalow, compound wall and the land due to the crash of the aircraft belonging to the respondents.

(3.) THE petitioners are the owners in possession of plot nos. 32 and 35 both adjoining each other in survey no. 36/1 of Dabolim village, Mormugao Taluka, South Goa District. These two plots collectively ad measures 760 sq. mts. The petitioners started construction of the bungalow thereon in the year 2001 after obtaining requisite permissions from the planning and Development authority (for short "pda"), Vasco da Gama, and the Village panchayat at Chicalim, under the Goa panchayat Raj Act, 1994. They also obtained prior approval for construction from the assistant Engineer, Public Works Department (for short "pwd"), Government of Goa. For the purpose of construction of the bungalow the petitioners obtained loan in the sum of rs. 7,70,000/- from the Vijaya Bank, Vasco da gama branch. It is the petitioners' case that they spent more than Rs. 60,00,000/- on the construction of the bungalow and the compound wall. The occupancy certificate was obtained from the Village Panchayat on 26th september, 2002. As luck would have been, within five days of obtaining the occupancy certificate, on 1st October, 2002, an aircraft belonging to the respondents crashed into the said bungalow resulting in total destruction of the bungalow.