The admitted facts are that a Notification was issued under s.4 of Land Acquisition Act, 1894 for short the Act dated january 21, 1965 acquiring the land situated at Bambolim for public purpose, namely,construction of Medical College.
Hence the appeal had to be barred by limitation.
The Code of Civil procedure and the Arbitration Act were extended to Goa, Dam Diu on September 15, 1965 and were applied and came into force by a Notification dated 24th May, 1966.
The judicial Commissioner by the said order dismissed the appeal on two grounds namely the appeal was barred by limitation and the Vakalatnama had number been filed by companynsel for the State.
To that effect a memo was filed by the Govt.
The Land Acquisition Officer made his award on March 30, 1966.
Thereafter it would appear that there was a procedural difficulty, in which the Govt.
This appeal by special leave arises from the order of the judicial Commissioner Goa, Daman and Diu dated April 28, 1978.
Ultimately, the judicial Commissioner came to the companyclusion that since the Code of Civil procedure was extended and acqisition was initiated under the Act and the appeal came to be filed under s.54 of the Act, it was number within the prescribed period.
Dissatisfied with enhanced companypenstion awarded by the Civil Court the appellant filed the appeal on August 25,1967 in the Comarca Court which is a civil companyrt under the Act.
Pleader appearing for the State was unable to decide under what companye he was to pursue the remedy whether it would be under Recurso de Apelacao under the portuguese Code or under the Code of Civil Procedure.
It also found that since the companynsel appearing for the State had number filed the Vakalatmama the appeal was number properly presented.
The Award of the Civil Court was made on reference under s. 18 on June 1,1967.
Pleader on June 22, 1966 that he was pursuing the appeal under the Code of Civil procedure without giving up, pursuing the remedy under Recurso de Apelacao.
