RAVI S SHIRODKAR Vs. ANAND G MAHALE

JUDGEMENT

(1.) THIS appeal arises from the Award passed in Land Acquisition Case No. 50/1982, passed on 3.3.1997 by the learned Addl. District Judge, South Goa, Margao on an application referred by the Collector for adjudication under Section 30 of the Land Acquisition Act, 1894 (for short, the Act).

(2.) THE land in plots No.3 and 4 in Survey No.65 came to be acquired for the construction of Sanguem Costi road and the Land Acquisition Officer had passed the Award on 30.7.1981. The claims for compensation were raised by different parties and, therefore, the Land Acquisition Officer forwarded the claim to the Court below for deciding under Section 30 of the Act. Plot No.3 consisted of two portions, one admeasuring 429 sq. metres and the other admeasuring 640 sq. metres and both of them were acquired. Whereas Plot No.4 was acquired only to the extent of 985 sq. metres.

(3.) THE evidence as led by the respective parties proved beyond doubt that the entire land falling in both the Village boundaries, was held jointly by four brothers, namely Hando, Tutulo, Morto and Uttam. But the applicants had contended that the land was in the names of Hando, Uttam and Shanu. But, the evidence placed before the reference Court proved otherwise. Shanu is the son of Hando and the first aforamento known as Chamara Codvo was standing in the name of Hando, the second aforamento by name Chamara Fondul was standing in the name of Uttam and the third aforamento by name Chamara Koddu was standing in the name of Shanu. However, orders passed by the Awal Karkun and which had received finality, indicated that the land in Plots No.3 and 4 was a joint property of four brothers, namely Hando, Uttam, Tutulo and Morto. So far as the acquired land was concerned, it fell in Survey No.65/1 to 4 of Mugali Village and Survey No. 65/2 of Sanguem Village. On assessment of the evidence, the reference was allowed and it was directed that the compensation for the area admeasuring 1069 sq. metres be paid equally to the widow of Shanu i.e. Laxmi Shirodkar and his three sons Chandrakant, Shantaram and Ravi. This was the land in Plot No.3. Whereas the land in Plot No.4 and under Acquisition admeasuring 985 sq. metres, was sub-divided as under: