1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NOS. 168, 169, 170 AND 171 OF 2006 1. Shri Ramesh Sukdow Bhandari r/o Dalem, Canacona-Goa. 2. Shri Suresh Sukdow Bhandari, r/o Dalem, Canacona-Goa(since deceased) through his legal heirs: (a) Smt. Sufala Suresh Bhandari (b) Ms. Suvarna Suresh Bhandari (c) Ms. Archana Suresh Bhandari All resident of Dalem, Canacona-Goa. 3. Smt. Premabai Sukdow Bhandari, r/o Dalem, Canacona-Goa(since deceased) through her L.Rs:- (a) Shri Ramesh Sukdow Bhandari(Appellant No.1) (b) Smt. Sufala Suresh Bhandari(Appellant No.2(a)) (c) Ms. Suvarna Suresh Bhandari(Appellant No.2(b)) (d) Ms. Archana Suresh Bhandari(Appellant No.2(c)) (e) Smt. Sarita Sadanand Jadhav (f) Smt. Jayashri Datta Naik (g) Smt. Poonam Jaiprakash Prabhu Desai (h) Smt. Druveni Devendra Patil 4. Shri Prakash Kashinath Pednekar, r/o H. No.255, Konkanwada, Sadashivgadh, Karwar. 2 5. Smt. Rukmabai Kashinath Pednekar, r/o H. No.255, Konkanwada, Sadashivgadh, Karwar. 6. Shri Mahabaleshwar Ganesh Medekar, r/o 2706/1, Kajuwada, Karwar(since deceased) through his L.Rs:- (a) Mr. Santoshkumar Mahabaleshwar Medekar (b) Mr. Udaykumar Mahabaleshwar Medekar (c) Ms. Jyoti Mahabaleshwar Medekar (d) Mr. Mohan Mahabaleshwar Medekar (e) Mrs. Kamini Mohan Medekar (f) Mr. Anand Mahabaleshwar Medekar All residents of H. No.2706, Gurumath Road, Opposite All India Radio Station, Kajubagh, Karwar, (U.K.) Pin: 581 301. 7. Smt. Mahananda Mahabaleshwar Medekar, r/o 2706/1, Kajuwada, Karwar. ... Appellants versus 1. Gangadhar Morto Naik Gaonkar, r/o Canacona-Goa(since deceased) represented by legal heirs: 1(a) Smt. Nayana G. N. Gaunkar(Party No.5) r/o Ganadheep Chandrawado, Fatorda, Margao, Goa. 3 1(b) Vibha Amaresh Naik, r/o Culwado, Cuncolim, Salcete, Goa. 1(c) Somdatt Gangadhar Deshmukh alias Somdatt Gangadhar Gaunkar, r/o Ganadeep Chandrawado, Fatorda, Margao, Goa. 1(d) Ambesh Gangadhar Deshmukh alias Ambesh Gangadhar Gaunkar, r/o Ganadeep Chandrawado, Fatorda, Margao, Goa. 1(e) Mangala Rajeev Naik, r/o C/4-12, Ganga Jyoti Co-op. Society Bangur Nagar, Goregaon(W), Mumbai. 1(f) Poonam Prasad Naik Dessai, r/o Culwado, Cuncolim, Salcete, Goa. 2. Dr. Giblo Morto Naik Gaonkar, r/o Khalwadem, Canacona-Goa. 3. Shantaram Morto Naik Gaonkar, r/o Canacona-Goa, since deceased, represented by legal heirs: 3(a) Chandrakala Shanaram N. Gaonkar (Party No.4) r/o Mallikesh, Journalist Colony, Porvorim-Goa. 3(b) Marutraj S. Gaonkar, r/o Mallikesh, Journalist Colony, Porvorim, Goa. 4 3(c) Deepa Sudhir Naik r/o Deulwada, Arambol, Pernem, Goa. 3(d) Varsha Arun Dessai r/o Flat No.7/3 sector, 3 C.B.D. Belapur, Navi Mumbai 400614. 3(e) Shilpa Pratap Naik, r/o C/o Satish G. Naik, B-10, Panchseel sector 2, Aravali Thana, New Mumbai. 3(f) Apurva Abhay Prabhu Khape, r/o Mahamadev Residency, Nagali Post Caranzalem, Taleigao, Goa. 4. Chandrakala Shantaram N. Gaonkar r/o Mallikesh, Journalist Colony, Porvorim-Goa. 5. Nayan Gangadhar Naik Gaonkar, r/o Dalem, Canacona-Goa. 6. Shrikant Uttam Bhandari, Canacona-Goa. 7. Jaiwant Raghoba Bhandari, r/o Dalem, Canacona-Goa. ... Respondents Shri A. Kansar, Advocate for the Appellants. Shri Sudin Usgaonkar, Advocate for Respondent Nos.2 and 3(a) to 3(f). 5 CORAM: R. P. SONDURBALDOTA, J. DATE : 23RD SEPTEMBER, 2011. ORAL JUDGMENT These four appeals arise out of the references made under Section 30 of the Land Acquisition Act, 1894. The references were disposed of by Judgment and Award dated 15-2-2006 passed separately in each reference. The appellants are party nos.6 to 12 and the respondents are party nos.1 to 5 in the references before the District Court. 2. Heard learned Counsel for the parties. 3. By the notification dated 30-12-1996 issued under Section 4 of the Land Acquisition Act, land at survey nos.165, 176 and 177 of Canacona Taluka was acquired by the Government for implementation of Housing Scheme at Canacona. Part of the land acquired was area of 7,600 sq. meters acquired from survey no.176/2, 25,700 sq. meters from survey no.176/1, an area of 38,000 6 sq. meters of survey no.177/1, and an area of 8,800 sq. meters of survey nos.176/3 and 176/4 of village Canacona. As there was dispute between the parties, the compensation was referred to the District Court under Section 30 of the Land Acquisition Act for its decision in the matter. The Reference Court by its impugned Judgment and Award allowed the claims of the respondents and dismissed the claim of the appellants. 4. The claim put up by the appellants in the written statement was that they are the owners of the properties in question having inherited the same over generations from one Babul Zomon Naik. The appellants relied upon inscription and description no.9056 of the property which according to them showed the name of the grandfather of original applicant no.6. The respondents disputed that Babul Zomon Naik was the ancestor of the appellants. According to them, the appellants belong to Bhandari Community and the said Babul Zomon Naik belonged to Kshatriya Maratha Caste. There is no dispute that the appellants belong to Bhandari Community and the respondents belong to Kshatriya Maratha 7 Caste. Besides this, according to the respondents the property under reference was actually self acquired property of their grandfather having acquired the same under decree in Civil Suit No.4595 of 1892. According to the respondents, Babul Zomon Naik had no connection whatsoever with this property. The property described by matriz nos.182, 183, 184 and 185 corresponds to the property in question. As against a solitary document of inscription and description bearing no.9056 produced by the appellants, there are several documents relied upon and produced by the respondents. They are copy of inscription and description along with English translation at exhibit C-28 colly, matriz certificate in respect of property bearing matriz no.182, 183, 184 and 185 at exhibit C-29 colly and copy of the decree in case no.4595/1892 along with English translation at exhibit C-30 colly. Official Gazette dated 1.5.86 at exhibit C-31 and copy of Form I & XIV of the property bearing survey no.176/3 and 176/4 of village Canacona amongst others at exhibit C-32 colly and blue prints of the property bearing survey no. 176/1, 177/1, 19/1, 171/1 and 171/2 at exhibit C-33 and C-34 colly. 8 5. The Reference Court found that the documents produced by the respondents clearly demonstrate that the property at survey nos.19/1, 19/2, 176/1 to 176/16 are inscribed in the name of Morto Giblo Naik father of Dr. Giblo Naik Gaonkar and late Gangadhar and late Shantaram Naik Gaonkar under inscription at folios 154 V of Book G 9 and that late Morto Gilbo Gaonkar inherited the property from his father late Gilbo Morto Naik Calvaodcar who in turn had acquired the same from Communidade of Canacona by virtue of a decree in Civil Suit No.4595 of 1892 passed by the Civil Judge, Senior Division at Quepem. The respondents have also produced the Official Gazette dated 1-5-1986 which showed that a part of the property admeasuring 5250 sq. meters had been donated by late Shri Giblo Morto Naik Gaonkar and his son late Shri Morto Giblo Naik Gaonkar to Gopal Krishna Devasthan. This evidence has gone unchallenged. 6. The above evidence establishes that the property in question belongs to the respondents. Therefore, the Reference Court has rightly decided the reference in favour of the respondents. Consequently, no interference with the impugned Orders is called 9 for. Therefore, the appeals are dismissed. It is clarified at the request of the counsel for the appellants that the findings herein of title of the respondents are limited to the lands in question in the four references and do not extend to the other property which forms subject matter of a suit on title filed by the appellants. R. P. SONDURBALDOTA, J. RD