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2000 Supreme(Bom) 518

V.C.DAGA
Comunidade of Bambolim – Appellant
Versus
Manguesh Betu Kankonkar – Respondent


JUDGMENT - V.C. DAGA, J.:---The revision is directed against the order dated 5th January, 2000 passed by the Civil Judge, Sr. Dvn. at Panaji in Execution Application No. 46/89/A. This revision raises an important question as to whether the suit, at the instance of a person, who claims entitlement to compensation awarded or to a part thereof; in acquisition proceedings, to which he was not a party, is maintainable.

The facts are not in dispute. However, in order to appreciate the relevant question, the facts in nutshell are as under :---

2. The Government of Goa, Daman and Diu on deciding to widen the Panaji/Bambolim/Siridao-Agacaim road, being National Highway 17-A, called upon the Deputy Collector, Goa North Division, Panaji, to draw acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as the "Act" for the sake of brevity). In the said acquisition proceedings, the present respondent received no notice under the relevant provisions of the Act, of the Land Acquisition proceedings, bearing No. LAO 386. Every interested person is required to make a statement regarding the interest of any other person in the land sought to be acquired. However, it appear
































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