Case Note & Summary
The case arises from a land acquisition proceeding initiated by a Notification dated 16.08.1994 under Section 4(1) of the Land Acquisition Act, 1894, for setting up an Industrial Estate at Colvale. The acquisition involved two survey numbers: 220/1 (area 1,09,090 sq m) and 218/3 (area 525 sq m). A dispute arose between the appellant, Benjamin Pereira, who claimed to be a tenant of the respondent Communidade of Colvale, and the respondent, regarding the entitlement to compensation. The matter was referred to the learned Additional District Judge, Panaji, who by Award dated 30.04.2001 in LAC No. 111/95, ordered the entire compensation for survey no. 218/3 to be paid to the Communidade and the entire compensation for survey no. 220/1 to be paid to the appellant. The appellant appealed against the part of the Award directing payment of compensation for survey no. 218/3 to the Communidade. The appellant contended that since his tenancy claim was disputed, the Reference Court could not decide the compensation without first determining the tenancy issue. The respondent's counsel fairly conceded that the tenancy plea ought to have been referred to the Mamlatdar. The High Court allowed the appeal, set aside the impugned Award to the extent it directed payment of compensation for survey no. 218/3 to the Communidade, and directed the Reference Court to refer the tenancy issue to the Mamlatdar and thereafter dispose of the reference in accordance with law.
Headnote
A) Land Acquisition - Apportionment of Compensation - Tenancy Dispute - Reference to Mamlatdar - Where a claim of tenancy is raised in a land acquisition reference, the Reference Court must refer the tenancy issue to the Mamlatdar for decision before determining the apportionment of compensation - The Court held that the Additional District Judge erred in deciding the compensation without first referring the tenancy claim to the Mamlatdar, and directed such reference (Paras 2-4).
Issue of Consideration
Whether the Reference Court could decide the apportionment of compensation without first referring the tenancy dispute to the Mamlatdar.
Final Decision
The appeal is allowed. The impugned Judgment/Award dated 30.04.2001, to the extent it directs payment of compensation to the Communidade in respect of the area acquired from survey no. 218/3, is set aside. The Reference Court (Addl. District Judge) is directed to make a reference to the Mamlatdar whether the appellant is a tenant of the Communidade in respect of survey no. 218/3 of Colvale, and only after the decision of the Mamlatdar, dispose of the reference in accordance with law.
Law Points
- Tenancy dispute must be referred to Mamlatdar before deciding compensation apportionment
- Land Acquisition Act
- 1894
- Section 4(1)
- Reference Court cannot decide tenancy without jurisdiction
