Case Note & Summary
The petitioners, decree holders, challenged the order of the District Judge, South Goa, dated 24/03/2003 in Execution Application No. 14 of 1997. The dispute arose from land acquisition proceedings where the property was acquired for the Tourism Department. The core issue was the date of taking possession: the decree holders claimed it was 19/10/1979, while the judgment debtors (Government) contended it was 23/09/1981. Earlier, the District Court had held by order dated 31/07/1999 that possession of the land was taken on 19/10/1979 and structures on 23/09/1981. That order was quashed by the High Court on 01/11/2002 and remanded for fresh determination after permitting parties to produce additional documents. On remand, the District Judge, after considering additional documents including correspondence and panchanamas, again concluded that possession of the land was taken on 19/10/1979 and structures on 23/09/1981. The High Court, in revision, examined the record and found that the District Judge's finding was based on proper appreciation of documentary evidence. The court noted that the panchanama dated 19/10/1979 clearly showed possession of the land was taken, and the panchanama dated 23/09/1981 showed possession of structures. The court held that the finding of fact, being supported by evidence, could not be interfered with in revision. The revision application was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Execution Proceedings - Date of Possession - Determination of correct date of taking possession of acquired land and structures - The dispute pertained to whether possession was taken on 19/10/1979 or 23/09/1981 - The District Judge, after remand, held that possession of land was taken on 19/10/1979 and possession of structures on 23/09/1981, based on documentary evidence including panchanamas and correspondence - Held that the finding of fact based on evidence cannot be interfered with in revision (Paras 2-6).
Issue of Consideration
Whether the acquired land was taken possession of by the Land Acquisition Officer/Government on 19/10/1979 or on 23/09/1981.
Final Decision
The Civil Revision Application is dismissed. No order as to costs.
Law Points
- Execution proceedings
- Land Acquisition Act
- date of possession
- burden of proof
- documentary evidence
- remand order
Case Details
2006 LawText (BOM) (08) 113
Civil Revision Application No. 26 of 2003
M.S. Usgaonkar, Sr. Adv. with I. Aga, Advocate for Petitioners; S.R. Rivonkar, Govt. Advocate for Respondents
Shri Narcinva S.V. Sinai Velingkar, Shri Ramakant V.S. Velingkar, Shri Atchut V.S. Velingkar, Smt. Gomatibai Velingkar (since deceased represented by her legal heirs)
The Land Acquisition Officer, Govt. of Goa, The Director of Tourism
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Nature of Litigation
Civil Revision Application challenging order in execution proceedings under Land Acquisition Act.
Remedy Sought
Petitioners sought to set aside the District Judge's order determining date of possession.
Filing Reason
Dispute over the correct date of taking possession of acquired land and structures.
Previous Decisions
District Court order dated 31/07/1999 held possession of land on 19/10/1979 and structures on 23/09/1981; quashed by High Court on 01/11/2002 and remanded.
Issues
Whether the District Judge correctly determined the date of possession of the acquired land as 19/10/1979 and structures as 23/09/1981 based on documentary evidence.
Submissions/Arguments
Petitioners/Decree Holders contended that possession of land was taken on 19/10/1979.
Respondents/Judgment Debtors contended that possession was taken on 23/09/1981.
Ratio Decidendi
The finding of fact by the District Judge regarding the date of possession, based on documentary evidence including panchanamas and correspondence, cannot be interfered with in revision as it is supported by evidence.
Judgment Excerpts
The question for consideration of the learned District Judge was whether the acquired land in the said case was taken possession of by L.A.O./Government on 19/10/1979, as contended by the decree holders, or on 23/09/1981, as contended by the Judgment Debtors.
After hearing both the parties and perusing the entire records before me, including order passed by the learned District Judge, I do not find any reason to interfere with the impugned order.
Procedural History
The District Court initially passed order on 31/07/1999 determining possession dates. That order was challenged in revision and quashed by the High Court on 01/11/2002 with a remand for fresh determination. On remand, the District Judge passed the impugned order on 24/03/2003, which was again challenged in the present revision.
Acts & Sections
- Land Acquisition Act, 1894:
