UNION OF INDIA Vs. PIEDADE FERNANDES

JUDGEMENT

(1.) This appeal is filed by the Government against the decision dt. Mar. 27, 1985 of the District Judge, South Goa, Margao in land acquisition Case No. 98 of 1981.

(2.) The land in question admeasures 63,875 sq. mts. and is situated at Xelpem village. It was acquired under the Land Acquisition Act, 1894 (hereinafter referred to as the Act) for Selaulim Irrigation Project. The Land Acquisition Officer evaluated the compensation to the Respondent-land- holder in the amount of Rs. 55,092.19 at the rate of 75 Paise per sq. mtr. under the Award dt. Mar. 26, 1973. He held that although the land was aforamento (which is a term under the Civil Law and can by loosely translated as perpetual lease with a right to purchase the land by making certain payment as prescribed by law), admittedly the land was not till then purchased by the holder nor had he made improvements in the same. The land-holder was therefore not entitled either to the full compensation as holder of the land or to the improvements. The Land Acquisition Officer however held that there existed a dispute with regard to the title to the land and made reference under S.30 of the Act to the District Court. The District Court by its order of July 31, 1978 held that the holder was only entitled to the development made in the land and since no development was made he was not entitled to any compensation. For this purpose, the Court relied upon Article 25 of the Decree Law No. 3602 of Nov. 24, 1917. Against the said decision, the Respondent preferred an appeal to the Judicial Commissioner being First Civil Appeal No. 69 of 1978 and the Judicial Commissioner by his decision of Oct. 3, 1980 remanded the matter to the District Court for decision on the following issues :

(3.) In order to appreciate the contentions of the parties, it is necessary first to state the admitted facts. There is no dispute that the land in question was uncultivated when it was granted to the Respondent's father by a grant dt. 3rd Nov., 1915. There is also no dispute that the grant was aforamento, i.e. as stated above, perpetual lease with an option to purchase by making payment of certain amount. It is further not disputed that there was no development made on the land on the date of acquisition nor had the holder opted to purchase the same at any time. It is not in dispute that the aforamento was given on Nov. 3, 1915 under Portaria No. 153 of May 8, 1906 which in terms states that it was issued under Articles 40 and 57 of the Charter Law of April 10, 1901 which was an enactment of the paramount portuguese Government as it then was. Thereafter by Art.2 of Decree Law No. 3602 of Nov., 1917, Portaria No.153 dated May 8, 1906 was repealed. Subsequently the Decree Law No. 3602 itself was repealed by S.201 of the Land Revenue Code which came into force from 1st March, 1969. Section 201 states that only those rights/liabilities were saved which were not inconsistent with the provisions of the Land Revenue Code and the Rules made thereunder.