1 (Spl. - H.C.A.S. C.D., 78-e) FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF BOMBAY AT GOA PANAJI – GOA APPELLATE SIDE FIRST APPEAL NO. 77 OF 2002 AND MISC. CIVIL APPLN. NO. 648 OF 2004 Office Notes, Office Memoranda of Quorum appearances, Court's orders, or directions and Court's or Judge's Orders. Registrar's orders. Mr. E. Afonso, Advocate for the appellants. CORAM : B.H. MARLAPALLE, J. DATE : OCTOBER 29, 2004. P.C. This appeal challenging the Award passed by the learned Addl. District Judge, at Margao in Land Acquisition Case No.400/95, was admitted by this Court by Order dated 28.3.2002. Initially, the notice issued against the respondent- original claimant was returned unserved, on the ground that no such person resided in the ward concerned, but when a fresh notice was issued, the Bailiff of the Court below reported that the sole 2 respondent was no more. 2. The appellant has, therefore, filed Misc. Civil Application No. 684/2004, praying for setting aside the impugned Award on the ground that when it was passed, the original claimant was no more and the Advocate concerned had not taken any steps to bring her LRs. on record. 3. Along with the miscellaneous application, the death certificate issued on 9.8.2004 by the Directorate of Planning, Statistics and Evaluation is placed on record and as per the same, the original claimant Mrs. Mariquinha Vaz resident of House No.223, Mazilwado, Nagoa-Verna, Goa died on 15.10.1993, which means that even when the Land Acquisition Case No.400/95 was registered, she was not alive. It was, therefore, necessary for her Advocate Mr. E. Correia, to bring her LRs. on record, if they were 3 available. Mr Afonso is, thus, right in his contention that the learned reference Court passed a Decree in favour of a dead person. In fact, as on the date the reference was registered, the claimant was not alive and, therefore, it could not have proceeded further. On this limited ground, this appeal will have to be allowed and the reference for enhancement will have to be remanded to the trial Court for taking appropriate steps, namely allowing the original claimant's LRs., if any, to come on record and continue with the enhancement in compensation. 4. Hence, the appeal is, hereby allowed. The impugned Award in Land Acquisition Case No.400/95 is, hereby, quashed and set aside and the reference is remanded to the Court of learned Addl. District Judge, South Goa, Margao to decide it on its own merits, on the LRs. of the original 4 claimant being brought on record. 5. Misc. Civil Application also stands disposed of. No costs. The amount deposited by the appellants and invested in the fixed deposit, is allowed to be withdraw, with interest. B.H. MARLAPALLE, J. ssm.