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 contended it was 19/10/1979, while the judgment debtors (Government) claimed 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 possession of structures on 23/09/1981. That order was quashed by the High Court on 1/11/2002 and the matter was remanded for fresh determination after permitting parties to produce additional documents. After remand, the District Judge considered additional documents including correspondence and panchanamas, and again concluded that possession of the land was taken on 19/10/1979 and possession of 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 High 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 High Court dismissed the civil revision application, upholding the order of the District Judge dated 24/03/2003. 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) 128
Civil Revision Application No. 26 of 2003
Shri M.S. Usgaonkar, Sr. Adv. with Shri I. Aga, Advocate for Petitioners; Shri 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 the order of District Judge in execution proceedings under Land Acquisition Act.
Remedy Sought
Petitioners/decree holders sought to challenge the order dated 24/03/2003 passed by District Judge, South Goa, in Execution Application No. 14 of 1997.
Filing Reason
Dispute over the correct date of taking possession of acquired land and structures for the purpose of execution of decree.
Previous Decisions
Earlier order dated 31/07/1999 by District Court held possession of land taken on 19/10/1979 and structures on 23/09/1981. That order was quashed by High Court on 1/11/2002 and matter remanded for fresh determination.
Issues
Whether the acquired land was taken possession of on 19/10/1979 or 23/09/1981.
Submissions/Arguments
Petitioners/decree holders contended that possession 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 a pure finding of fact 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 am of the opinion that the learned District Judge has rightly come to the conclusion that the possession of the land was taken on 19/10/1979 and possession of the structures was taken on 23/09/1981.
Procedural History
The District Court initially passed order on 31/07/1999 in Execution Application No. 14 of 1997. That order was challenged in revision before the High Court, which quashed it on 1/11/2002 and remanded the matter for fresh determination. After remand, the District Judge passed the impugned order on 24/03/2003, which was again challenged in the present revision application.
Acts & Sections
- Land Acquisition Act, 1894:
