Case Note & Summary
The case arises from a land acquisition proceeding under the Land Acquisition Act, 1894. The Special Land Acquisition Officer and the Executive Engineer appealed against the judgment and award dated 18.12.2002 passed by the Additional District Judge, South Goa, Margao, in Land Acquisition Case No.32 of 1993. The acquired land was 300 sq.metres bearing survey no.25/2 of village Seraulim, notified under Section 4 of the Act on 31.1.1990. The Land Acquisition Officer awarded compensation at Rs.30/- per sq.metre. The respondents (claimants) sought a reference under Section 18, claiming Rs.60/- per sq.metre. In the reference, the claimants examined three witnesses and produced two sale deeds: one dated 11.5.1989 for 4000 sq.metres at Rs.75/- per sq.metre (Exhibit AW.1/A) and another dated 25.9.1989 for 200 sq.metres at Rs.210/- per sq.metre. They also produced a rectification deed dated 9.4.1990 correcting the first sale deed. The Reference Court relied on the sale deed dated 11.5.1989, noting that the land sold was only 15-20 metres away from the acquired land, and fixed the market value at Rs.60/- per sq.metre. The appellants contended that the sale deed was not comparable and that the rectification deed undermined its reliability. The High Court, after hearing arguments, found no perversity in the Reference Court's approach. It held that the sale deed was a comparable instance due to its proximity and that the rectification deed did not affect its evidentiary value. The appeal was dismissed, confirming the enhanced compensation.
Headnote
A) Land Acquisition - Market Value Determination - Comparable Sale Method - Section 18, Land Acquisition Act, 1894 - The Reference Court relied on a sale deed of a nearby land (15-20 metres away) sold at Rs.75/- per sq.metre in May 1989, and after considering the time gap and potential for development, fixed the market value at Rs.60/- per sq.metre. The High Court upheld this determination, finding no perversity or error in the approach. (Paras 2-4) B) Land Acquisition - Rectification Deed - Effect on Original Sale Deed - Section 18, Land Acquisition Act, 1894 - The appellants argued that the rectification deed dated 9.4.1990 affected the reliability of the original sale deed dated 11.5.1989. The High Court held that the rectification deed did not invalidate the original sale deed as a comparable instance, and the Reference Court's reliance on the original sale deed was justified. (Para 4)
Issue of Consideration
Whether the Reference Court was justified in relying upon the sale deed dated 11.5.1989 (Exhibit AW.1/A) for determining the market value of the acquired land at Rs.60/- per sq.metre.
Final Decision
The High Court dismissed the appeal, upholding the judgment and award of the Reference Court dated 18.12.2002, which fixed the market value of the acquired land at Rs.60/- per sq.metre.
Law Points
- Land Acquisition Act
- 1894
- Section 4
- Section 18
- Market value determination
- Comparable sale method
- Rectification deed
- Burden of proof
