Assistant Defence Estate Officer v. Thomas Rodrigues
2013-02-28
U.V.BAKRE
body2013
DigiLaw.ai
Judgment : The present appeal is taken up for final hearing at the stage of admission, with the consent of learned counsel. 2. Heard the learned Central Government Standing Counsel Mr. Mahesh Amonkar appearing on behalf of the appellant and the learned counsel Mr. V. P. Thali appearing on behalf of respondent no.1. 3. This appeal arises out of the judgment and award dated 27/1/2012 passed by the learned Adhoc District Judge-I, FTC-I, South Goa, Margao in Land Acquisition Case No.12 of 2005. 4. The respondent no.1 was the applicant and the appellant was the respondent no.2 in the said Land Acquisition Case. 5. The parties shall hereinafter be referred in the same manner as they appear in the cause title of the said Land Acquisition Case. 6. Vide Notification dated 1/6/1990 issued under section 4 of the Land Acquisition Act, 1894 (“The Act”, for short), land was acquired for camp training of recruits of 3 MTR (2 STC) at Cotombi in Quepem Taluka admeasuring 4876 sq.metres from the property bearing survey no.2/1 (part) of village Cotombi Quepem Taluka. By award dated 29/9/1992, the Land Acquisition Officer awarded compensation at the rate of Rs.12/- per sq.metre. Not being satisfied with the offer of compensation made by the Land Acquisition Officer, the applicant who was interested in the acquired land moved an application under section 18 of the Act before the Land Acquisition Officer and that gave rise to the Land Acquisition Case No.12/2005. 7. The applicant examined himself as AW.1 and the respondents did not examine any witness. By judgment and award dated 2/2/2006, the Reference Court awarded compensation at the rate of Rs.48/- per sq.metre along with other statutory benefits, as per the Act. However, the applicant preferred First Appeal No.107/2006 before this Court and by judgment dated 15/7/2011, this Court quashed and set side the said judgment and award dated 2/2/2006 and remanded the matter to the reference court with a direction to decide the reference afresh after giving opportunity to the parties to lead further evidence in the light of the observations made in the said judgment. Pursuant thereto, the learned reference court gave further opportunity to the parties to lead evidence, if any. Additional Affidavit- in-Evidence was filed by the applicant and the applicant produced on record some judgments including the judgment dated 15/7/2011 passed in F.A. No.331/2006 by this Court as Exhibit 37. 8.
Pursuant thereto, the learned reference court gave further opportunity to the parties to lead evidence, if any. Additional Affidavit- in-Evidence was filed by the applicant and the applicant produced on record some judgments including the judgment dated 15/7/2011 passed in F.A. No.331/2006 by this Court as Exhibit 37. 8. Upon assessment of the evidence on record and more particularly, the judgment dated 15/7/2011 passed by this Court in F.A. No.331/2006, the reference court partly allowed the reference and fixed the market value of the acquired land at Rs.30/-per sq.metre. The learned reference court also awarded the other statutory benefits under the Act and costs of Rs.1000/- to be paid by the respondents to the applicant. It was further ordered that the amount of compensation shall be paid on the basis of final adjudication of the reference under section 30 of the Act, which is still pending. 9. During the course of hearing of the appeal, it is admitted that the said judgment dated 15/7/2011 passed in F.A. No.331/2006 (Exhibit 37) by this Court pertained to the very same land i.e. the land admeasuring 4876 sq.metres acquired from survey no.2/1 (part) of village Cotombi of Quepem Taluka, vide the notification dated 1/6/1990 published under section 4 of the Act. The reference under section 18 of the Act under Land Acquisition Case No.11 of 2005 was filed by the Communidade of Cotombi and the reference court by Judgment and Award dated 30/8/2006 had fixed the rate of Rs.30/-per sq.metre and this Court in F.A. No.331/2006 filed by the present appellant held that the said market value fixed by the reference court was just and appropriate in the facts and circumstances of the case and the said appeal was dismissed. 10. It was on account of the said judgment dated 15/7/2011 passed in F.A. No.331/2006 that the applicant, after remand, restricted his claim to Rs.30/- per sq.metre. The learned reference court accordingly allowed the reference partly and fixed the market value at the rate of Rs.30/- per sq.metre and also awarded other statutory benefits. Since there is a dispute between the Communidade of Cotombi and the present applicant, it has been ordered that the amount of compensation shall be paid on the basis of final adjudication of the said reference u/s 30 of the Act, which is still pending. 11.
Since there is a dispute between the Communidade of Cotombi and the present applicant, it has been ordered that the amount of compensation shall be paid on the basis of final adjudication of the said reference u/s 30 of the Act, which is still pending. 11. In the circumstances above, there is absolutely no merit in the present appeal since admittedly the judgment dated 15/7/2011 passed by this Court in F.A. No.331/2006 has not been challenged. 12. In view of the above, the appeal is dismissed, however, with no order as to costs.