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2021 Supreme(Bom) 1738

MANISH PITALE
Rama Shanu – Appellant
Versus
Menino Salvador – Respondent


Advocates appeared:
A.F.Diniz, Advocate, Ryan Menezes, Advocate, Gina Almeida, Advocate, Nigel Fernandes, Advocate, A.Agni, Advocate, Jay Sawaikar, Advocate, S.Narvekar, Advocate, Valmiki Menezes, Advocate, G.Panandikar, Advocate, S.S.Kakodkar, Advocate

JUDGMENT

MANISH PITALE,J.

1. These two Appeals have been filed challenging Judgment and Order dtd. 27/2/2004, passed by the District and Sessions Court, South Goa, at Margao, in Land Acquisition Case No. 136/90/1. By the said Judgment and Order, a reference under Sec. 30 of the Land Acquisition Act, 1894, (the aforesaid Act, for short), was decided as regards the claims of the interested parties before the aforesaid Court. Although there were five interested parties who lodged claims in respect of entitlement to compensation concerning acquisition of 8547 square metres of land from survey no. 435/1 at Cuncolim, Salcete Taluka, it was interested party nos. 3, 4 and 5, who led evidence in support of their respective claims. Therefore, the contesting claims of these three parties were considered by the aforesaid Court and, on the basis of analysis of the documentary and oral evidence on record, the claims of original interested party nos. 3 and 5 were rejected, holding that only interested party no. 4 was entitled to the entire compensation amounting to Rs.1,21,480.00 along with other benefits.

2. First Appeal No. 89 of 2004 was filed by the original interested party no. 5 and First App

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