PITU CABRAL Vs. ATANASIO TEOFILO MARTINS

JUDGEMENT

(1.) THIS appeal arises from the Award dated 26th April 1993 passed in land Acquisition Case No.68/87. The Government acquired an area of about 2,224 sq. metres comprised in Survey No.272/4 by Notification dated 26th December 1984. The appellant and the respondent in this case claim interest in the said land being of the nature of tenant and owner respectively. On account of dispute in the matter of interest claimed by the parties in the land acquired, the mater was referred to the District Court, Panaji, under Section 30 of the Land Acquisition Act for the purpose of decision on apportionment of compensation.

(2.) THE respective parties filed their statements of claim before the District Judge and the appellant claimed right of tenancy and the necessary benefits under the Agricultural Tenancy Act, 1964. THE learned District Judge after recording the evidence passed the impugned Award whereby 20% of the compensation was apportioned in favour of the appellant in respect of part of the land acquired and in respect of the remaining part of land 10% of the compensation was awarded in favour of the appellant herein.

(3.) BEING so, it was necessary for the learned District Judge to frame the issue of tenancy as claimed by the appellant herein before proceeding with the matter to decide about apportionment of compensation under Section 30 of the Land Acquisition Act. The learned District Judge having failed to do so, the impugned Award cannot be sustained and on that ground alone the same is liable to be quashed and the matter is required to be remanded to the District Court with a direction to frame the necessary issue of tenancy as claimed by the appellant and to refer the same to the Mamlatdar for necessary decision on the said issue and thereafter, on receipt of the finding on the said issue from the Mamlatdar, to proceed with the case and to dispose it according to law.