STATE OF GOA Vs. VAMAN KRISHNA KHEDEKAR

JUDGEMENT

(1.) THE applicants have preferred this revision application against the Order passed by the Civil Judge, Senior Division, Ponda, dated 25th June, 2001, holding that the Civil Court had jurisdiction to entertain the suit for compensation consequent upon the land acquisition proceedings initiated and completed on behalf of the respondentstate as well as the Union of India.

(2.) THE respondent plaintiff instituted the suit against the defendant State for damages and compensation in respect of the property known as PALWADYA POIKIM TUKDO or BARA ZONAKODIL bearing Survey No. 118/4 in the record of rights of Village Savoi Verem, Ponda Taluka admeasuring 21,600 sq. metres which consisted of cashew trees, coconut trees, banana trees and other fruit bearing trees and forest trees. The defendant State had taken a strong objection that the suit of the plaintiff was not maintainable as contemplated under Section 18 of the Land Acquisition Act and the subject matter of compensation was also the subject matter before the Land Acquisition Officer and hence, the suit was not maintainable.

(3.) AFTER hearing both the parties, the learned trial Judge came to the conclusion that the suit was maintainable in the Civil Court and, as such, passed the order in answer to the issue raised in that regard. Hence, the present revision petition.