Shri. Shantadurga Devi, Through Their Attorney, Shri. Bhikaji Desai v. Special Land Acquisition Officer And ANR.,

Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEALS NO. 24 AND 33 OF 2011 FIRST APPEAL NO. 24 OF 2011 Communidade of Quitol, Through their Attorney Bhikaji Dessai ... Appellant V e r s u s Special Land Acquisition Officer & anr.

... Respondents.

A N D FIRST APPEAL NO. 33 OF 2011 Shri Shantadurga Devi, Through their Attorney Shri Bhikaji Desai ... Appellant V e r s u s Special Land Acquisition Officer & anr.

... Respondents.

Mr. S. D. Padiyar, Advocate with Mr. P. Shirodkar, Advocate for the Petitioners.

Mr. H. D. Naik, Advocate for the Respondent No.2. Ms. Maria Correia, Additional Government Advocate for the Respondent no.1-State in FA No. 33 of 2011.

CORAM:

M. S. KARNIK & BHARAT P. DESHPANDE, JJ.

DATE:

16th June, 2023 P.C.

1.

De-tag First Appeal 33 of 2011 from First Appeal No. 24 of 2011 at the request made on behalf of Mr. Naik, learned Counsel for the respondent no. 2. List First Appeal No. 24 of 2011 on 23.06.2023.

2.

So far as First Appeal no. 33 of 2011 is concerned, our attention is invited to the order dated 13.12.2014 of the Goa State Legal Services Authority, Lok Adalat, which reads thus :

" ORDER The petitioner is represented by Advocate Ms. A. Agarwal. The respondents are represented by Advocate Mr. H. D. Naik.

2. The G.I.D.C. has made an offer to pay to the appellant an additional compensation at the rate of Rs.5,50 per square metre for rocky land and Rs. 2.75 per square metre for Bharad land. Advocate for the appellant seeks time to consider the offer.

3. The matter be placed on the next Lok Adalat i.e. 31.01.2015."

3.

The proposal of the GIDC as recorded in the order is acceptable to the appellant. Learned counsel for the appellant so submits on instructions of the President of the Devasthan, Mr. Yogesh Ramesh Dessai and the Attorney of the Devasthan, Mr. Shanta G. Naik Dessai who are presently present in the Court.

4.

In this view of the matter, the appeal is disposed of in terms of Corrections carried Out as per order Dated 28.07.2023 Passed in MCA No. 266/2023 additional compensation at the rate of the offer made. Accordingly, the appellant to be paid/Rs.2.75 per square metre for bharad land and Rs.5.50 ps. per square metre for

rocky land. The appellant accepts this offer. The GIDC stands by this offer.

5.

In this view of the matter, the impugned Judgment and Award is quashed and set aside. The appeal [First Appeal No. 33 of 2011] in the above terms, is allowed. Parties to bear their own costs. 6.

Consequently, the award will be drawn in the light of the above along with all the statutory benefits.

BHARAT P. DESHPANDE, J. M. S. KARNIK, J. Date: 2023.09.16 12:34:56 +05'30'

ANDREZA PEREIRA