JANU GAUNKAR Vs. LUIS FERNANDES

JUDGEMENT

(1.) THIS is an appeal by the party No. 2 in Land Acquisition Case No. 54/1988 under Section 30 of the Land Acquisition Act. The Party No. 2 feels aggrieved by the direction of the Additional District Judge whereby she directed the compensation to be paid to the party No. 1.

(2.) THE facts giving rise to the appeal, are as follows: the Government of Goa has acquired 1060 square metres of land out of Survey No. 280/3 of village Loliem for widening and improvement of national highway No. 17. The said land i. e. Survey No. 280/3 is recorded in the name of the party No. 1 in the revenue record. The Party No. 2 and 3 had raised objection before the Land Acquisition Officer and had claimed that they were the exclusive owners of the suit property. Since there was dispute with regard to the title of the property, a reference was made to the District Judge under Section 30 of the Land Acquisition Act. The party No. 1 claimed before the District Judge that there is a property known as 'goliachem Tican' which consists of Survey No. 272/5, 281/2 and 280/3 of Shelli. It is further contended by them that the said property was partitioned between the sons of the Luis Fernandes, the original applicant and they have been in possession of the suit property and they have right, title or interest to the said property.

(3.) THE party No. 2 i. e. the present appellants claimed that they are the owners of the Survey No. 280/3 which is part and parcel of the property known as 'tanosso'. The party No. 2 has given description of the property and they submit that they are the exclusive owners of the property. This property has come to them from their forefathers. The party No. 3 claims that he is the owner of the property known as 'goliachem Tican' situated at Loliem, Shelli and he is the owner and in possession of the property.