DEVENDRA RAGHURAJ DESHPRABHU Vs. STATE OF GOA

JUDGEMENT

(1.) The appellants herein are the plaintiffs, and, hereinafter shall be referred to as such, whose Special Civil Suit No.78/89 for compensation has been dismissed by Judgment dated 12.12.2000 of the learned Civil Judge, Senior Division at Mapusa. Hence the present appeal.

(2.) The dispute between the parties is regarding the construction of a road from Tuem Hospital to Korgao Via Bhaidwada in Pernem Taluka. There is no dispute that the said road passed through the properties owned by the plaintiffs known as 'Thorli Pauni' surveyed under no. 299 and 'Langui Pauni' surveyed under no. 341 of Korgao Village. There is also no dispute that subsequently the area was acquired by the Government by virtue of notification issued under Section 4(1) of the Land Acquisition Act 1894 published on Gazette dated 09.08.1989 and by Award dated 16.03.1992, compensation was paid for the same.

(3.) The case of the plaintiffs is that they had done sugarcane plantation in the first property and paddy cultivation in the second property which they discontinued somewhere in the year 1980, as there was shortage of water supply but as the plaintiffs had taken a decision to repair the tank for increasing the water supply existing in the first property, their Manager visited the site and found that an entirely new road was constructed therein illegally and unauthorizedly by trespassing upon the property of the plaintiffs. It was also the case of the plaintiffs that by the said construction, the plaintiffs were prevented from cultivating sugarcane and paddy crops respectively in the said properties since the property was divided, bifurcated and thus the properties were thrown open for committing trespass by anyone as the existing old protective stone wall was broken at the time of construction of the said road.