11 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 195 OF 2004 WITH FIRST APPEAL NO. 100 OF 2008 AND FIRST APPEAL NO. 153 OF 2008 FIRST APPEAL NO. 195 OF 2004 Communidade of Poinguinim Canacona-Goa through its constituted attorney Shri Vassudev V. Phal Desai, resident of Velvada, Poiguinim, Canacona, Goa. ... Appellant versus Shri Nagesh Raya Raya Naik (since deceased) through legal representatives: 2(a) Smt. Sheela Naguesh Naik, widow, 2(b) Shri Amar Naguesh Naik, 2(c) Smt. Amarpali Amar Naik, 2(d) Shri Jayaraj Naguesh Naik, 2(e) Smt. Jayashree Jayraj Naik, 2(f) Shri Manoj Naguesh Naik, 2(g) Smt. Mangili Manoj Naik, 2(h) Shri Deepak Naguesh Naik, 11 2(i) Smt.Derepika Deepak Naik, 2(j) Miss Maghana N. Naik, 2(k) Miss Sadhana N. Naik. All residents of Welwado, Poiguinim, Canacona-Goa. ... Respondents Shri Sudesh Usgaonkar, Advocate for the Appellant. Shri P. Rao, Advocate for the Respondents. FIRST APPEAL NOS.100 AND 153 OF 2008 1. Smt. Sheela Naguesh Naik, (since deceased) through legal representatives: 2. Shri Aamr Naguesh Naik, 3. Smt. Amrapali Amar Naik, 4. Jairaj Naguesh Naik, 5. Shri Jashree Jairaj Naik, 6. Shri Manoj Naguesh Naik, 7. Smt. Manjiri Manoj Naik, 8. Shri Deepak Naguesh Naik, 9. Smt. Deepika Deepak Naik, 10.Miss Meghana Naguesh Naik, 11 11.Miss Sadhana Naguesh Naik, All of major age, residents of Velvaddo, Poiguinim, Canacona-Goa. ... Appellants versus Communidade of Poiguinim, through its Administrator, South Zone, Communidade Building, Margao-Goa. ... Respondent Shri P. Rao, Advocate for the Appellants. Shri Sudesh Usgaonkar, Advocate for the Respondent. CORAM : F. M. REIS, J. DATE : 25TH MARCH, 2011. ORAL JUDGMENT All the above appeals were taken up together by consent of the learned Counsel as according to them, the claim put forward by the rival claimants is on the basis of the same respective title in respect of the same property. Facts in First Appeal No.195 of 2004. 2. By notification issued under Section 4 of the Land Acquisition Act, 1894(hereinafter referred to as the said Act) dated 11 9-2-1988 which was published in Official Gazette on 18-2-1988, land was acquired by the Government for the construction of the Forest Rest House and Staff Quarters at Poiguinim in Canacona Taluka. By an award dated 19-11-1990, the amount of compensation in respect of land acquired which was admeasuring an area of 9025 sq. meters from the property surveyed under No.92/3 came to be determined but in view of the dispute between the parties, the matter was referred to the learned District Judge for adjudication under Section 30 of the said Act. By Judgment and Award dated 31-3-2004, the compensation was directed to be paid to the Party No.2 Shri Naguesh Raya Naik. 3. Being aggrieved by the said Judgment and Award, the appellants/Communidade of Poiguinim have preferred the present appeal. Facts in First Appeal No.100 of 2008. 4. Pursuant to notification under Section 4 of said Act an area of 9000 sq. meters was acquired from the property surveyed under No.92/7 in the village of Poiguinim. A sum of Rs.3,28,946/- was awarded as compensation and in view of the rival claim by the parties the matter was referred to the learned District Judge under Section 30 of 11 the said Act for adjudication of the dispute. By Judgment and Award dated 31-1-2008, the Reference Court has directed that the compensation awarded be paid to the Party No.1/Communidade of Poiguinim. 5. Being aggrieved by the said Judgment, the appellants had preferred the present appeal. Facts in First Appeal No.153 of 2008. 6. Pursuant to a notification under Section 4 of the said Act land was acquired by the Government from the property surveyed under No.92/7 in village Poiguinim. A sum of Rs.37,998/- was awarded as compensation. In view of the dispute between the parties, the matter was referred under Section 30 of the said Act to the learned District Judge. By Judgment and Award dated 31-1-2008, the Reference Court has directed that the compensation is to be paid to the Party No.1/Communidade of Poiguinim. 7. Being aggrieved by the said Judgment, the Party Nos.2 to 12/Appellants have preferred the present appeal. 11 CONSIDERATIONS OF SUBMISSIONS IN ALL APPEALS 8. I have heard Shri P. Rao, learned Counsel appearing for the appellants in First Appeal Nos.100 of 2008 and 153 of 2008 as well as Shri Sudesh Usgaonkar, learned Counsel appearing for the appellants in First Appeal No.195 of 2004. 9. The claim put forward by the Communidade of Poiguinim to the compensation awarded in the said proceedings is on the basis that the land which has been acquired belongs to them and is part of the property known as “Condicati Mola” and also known as “Tilamola” which is enrolled in the Land Revenue Office of Canacona under matriz No.389 and that as the said land was urgently required it was taken from the Communidade pursuant to a resolution. The land was acquired for a Forest Rest House and Staff Quarters. The basis of their claim is that the acquired portion of the land forms part and parcel of the said property and that the possession was taken from them and as such the Communidade is to be awarded the compensation for the land acquired. 11 10. On the other hand, the claim of the other interested parties, namely, Naguesh Raya Naik is that the portion of the property acquired is surveyed under No.92/3 and it belongs to him as the same was purchased by his mother vide sale deed dated 2-8-1930. It is further his case that by the said sale deed, two properties were purchased. It is further his case that the two properties purchased are described in the Land Registration Office under Nos. 3018 and 3019 and is surveyed in different numbers which includes the acquired portion. It is further his case that the Communidade has no right to the acquired portion of the land and that the same belongs to Party No.2 said Naguesh Raya Naik. The claim of the Communidade in First Appeal No.100 of 2008 is that the property which has been acquired is known as “Tilmola” and is enrolled in the Taluka Revenue Office under No.389. It is further their case that besides the said property, there is another property described under No.390 known as “Pongreafond” and that both these properties are surveyed under Nos.92/2, 3, 4 and 7 and under No.88/4. According to them, the land which has been acquired is part of their property and as such, the compensation should be awarded to the Communidade. 11 11. On the other hand, the claim of the other interested party Naguesh Raya Naik is that the property which has been acquired is part and parcel of the property purchased by his mother, namely the property known as “Rama Fola Goracodil or “Goracodil Tican” and the second property was two-thirds of the property called “Venctexa Naraina Folo Goracodil”. It is further his case that the property is registered in the Land Registration Office under No.3018 of Book 11 and the other property “Venctexa Naraina Folo Goracodil” is registered in the Land Registration Office under No.3019. According to them, the said properties registered under No.3018 is presently surveyed under Nos.85/1, 92/3 and part of survey No.92, sub-divisions 1, 2, 4 and 7. It is further their case that the acquired land belongs to him and the compensation has been awarded to the said parties. 12. After hearing the learned Counsel at some length, it was pointed out by them that though the material produced by the appellants as well as the respondents in support of their rival claims was substantially the same, nevertheless there were two contradictory Judgments passed in the above appeals. Whilst passing the Judgment dated 31-3-2004, the Reference Court came to the conclusion that the 11 acquired portion of the land forms part and parcel of the property purchased by the mother of the said interested party Naguesh pursuant to a sale deed dated 2-8-1930. The learned Judge whilst passing the said Judgment has also come to the conclusion that the property acquired was not part and parcel of the property claimed by the Communidade known as “Tilamola”. However, whilst passing the Judgment impugned in First Appeal No.100 of 2008, the Reference Court has come to the conclusion that the land acquired was not the subject matter of the property which was purchased pursuant to the said sale deed of the year 1930 but held that the land acquired was belonging to the said Communidade. Even whilst disposing off the Land Acquisition Case No.24 of 2001, by Judgment dated 31-1-2008 impugned in First Appeal No.153 of 2008 the Reference Court has come to the conclusion that the land acquired was part and parcel of the property belonging to the Communidade and was not the subject matter of the said sale deed of the year 1930. 13. After perusing the records and going through the documents produced by the parties with the assistance of the learned Counsel, it was pointed out by the learned Counsel that in view of the conflicting views taken in the impugned Judgments it would be appropriate that the 11 matters be remanded to the Reference Court to decide the references afresh in the same Court. The learned Counsel as such pointed out that instead of re-examining the evidence before this Court, it would be appropriate that the matter be remanded to the Reference Court to decide the references afresh after hearing all the parties in accordance with law. 14. Hence, considering the facts and circumstances of the case and in view of the submissions of the learned Counsel, I pass the following Order. ORDER 1. The impugned Judgment dated 31-3-2004 passed in Land Acquisition Case No.88 of 1991 is quashed and set aside. 2. The impugned Judgment dated 31-1-2008 passed in Land Acquisition case No.70 of 2002 is quashed and set aside. 3. The impugned Judgment dated 31-1-2008 passed in Land Acquisition Case No.24 of 2001 is quashed and set aside. 4. All the said Land Acquisition Cases bearing Nos.88 of 1991, 70 of 2002 and 24 of 2001 are restored to the file of the learned Principal District Judge, South Goa, Margao. 11 5. The learned Principal District Judge is directed to decide all the aforesaid Land Acquisition Cases afresh after hearing the parties on the basis of the evidence on record, in accordance with law without being influenced in any manner, in the findings arrived at in the said impugned Judgments. 6. The appeals stand disposed of accordingly with no order as to costs. 7. Parties are directed to appear before the learned Principal District Judge, South Goa, Margao on 18-7-2011 at 10.00 a.m. and abide by further directions. F. M. REIS, J. RD