SANTOSH Y DICHOLKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Shashikant Joshi, the learned Advocate for the petitioners. Mr. D. Pangam, the learned Advocate General on behalf of the State. Rule. Rule is made returnable forthwith at the request of and with the consent of the learned Counsel for the parties.

(2.) The petitioners have pleaded that their property admeasuring 2750 sq. mts. has been acquired by the respondents for construction of a public road from Dhatwado to Bhagwado at Pilgao. It is their case that they are entitled to be paid compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013, (New Act). They contend that this compensation has not been paid to them and therefore, they seek a declaration that the Notification issued under Section 4 of the Land Acquisition Act, 1984 (Old Act) be declared as lapsed and directions be issued to the respondents to initiate fresh proceedings for acquisition under the New Act.

(3.) Mr. D.J. Pangam, the learned Advocate General for the State of Goa on the basis of instruction states that State is agreeable to pay to the petitioners compensation under the New Act. He, however, points out that in the Award the area of the petitioners acquired land is stated to be as 2710 sq. mts. He further points out that apart from the petitioners, there might be other claimants entitled to claim the compensation. He therefore states that the respondents will pay the compensation in terms of the New Act, but by depositing the same before the District Court (Reference Court) in terms of Section 30 of the Old Act. Thereafter, it will be for the Reference Court to apportion the compensation amongst the claimants, if any.