COMUNIDADE OF SALIGAO Vs. MHALPA MANGUESH NAGVEKAR

JUDGEMENT

(1.) THIS appeal arises from the Award dated 22-7-1991, passed in Land Acquisition Case No. 100/86, by the District Judge, at Panaji. The Government had acquired an area of 145 sq. metres of land of the property bearing Survey No. 17/1 of Village Saligao. Undisputedly, the land was owned by the appellant herein. However, the respondents claim right of tenancy to the same and, as such, claimed share in the compensation. In view of the dispute regarding apportionment on the compensation, the matter was referred to the District Court under section 30 of the Land Acquisition Act, 1894. The Reference Court, on the basis of the pleadings, framed an issue relating to the claim of tenancy by the respondents herein and after hearing the parties, decided the same in favour of the ress by the impugned Award.

(2.) SHRI M. B. DCosta, learned Advocate appearing for the appellant while assailing, the impugned Award submitted that the Reference Court had no jurisdiction to decide the issue of tenancy under the Goa Agricultural Tenancy Act and, therefore, the Reference Court should have referred the said issue to the Mamlatdar in view of specific bar under section 58 of the Goa Agricultural Tenancy Act. According to the learned Advocate, the Reference Court having proceeded to decide the issue of tenancy itself had acted without jurisdiction and, therefore, the impugned Award is liable to be set aside.

(3.) SHRI E. P. Lobo, learned Advocate appearing on behalf of the respondents, on the other hand, submitted that since the issue of tenancy as framed, relates to the possession of the property, the Reference Court cannot be said to have committed any error and no fault can be found in the impugned Award.