Chandreshwar Bhutnath Devasthan, Goa v. Krishnakant Keshav Parvotkar
2021-08-30
MANISH PITALE
body2021
DigiLaw.ai
JUDGMENT : By this appeal the appellant has challenged the judgment and order dated 8-8-2003 passed by the District and Sessions Court, South Goa, Margao in Land Acquisition Case No. 46/1990 upon a reference under section 30 of the Land Acquisition Act, 1894. 2. By the said judgment and order, said Court has answered the reference in favour of the respondents, holding that they are entitled towards compensation of Rs. 64048/- and accrued interest in respect of the subject land. 3. The learned Counsel for the appellant argued vehemently and made detailed submissions as regards contentions of the appellant, in order to demonstrate the error committed by the aforesaid Court in answering the reference in favour of the respondents. 4. This Court is of the opinion that since the impugned judgment and order was concerned with only a reference under section 30 of the aforesaid Act, findings rendered therein would obviously have no impact on the proceedings initiated by the parties against each other before competent Court with regard to their title to the land in question. Reference was made to such proceedings, which was not disputed by the learned Counsel for the respondents. 5. The aforesaid fact, as also the admitted position that the dispute in the present case pertains only to the aforesaid amount Rs. 64048/- along with accrued interest, this Court is of the opinion that the present appeal can be disposed of in the following manner. The appeal is dismissed. Although, it is made clear that the issue pertaining to the title is kept open and all the contentions raised by the appellant in support of the present appeal can be agitated by the appellant before competent Court where proceedings pertaining to claim towards title are pending.