Case Note & Summary
The State of Goa and the Special Land Acquisition Officer appealed against the judgment of the Reference Court dated 27/09/2004, which awarded severance charges to the respondent, Mrs. Maria Hayde Sofia de Menino Jesus Gracias e Fernandes, at half the rate of compensation payable. The respondent's land, surveyed under Survey No.288/21 and 22 in village Nuvem, was acquired via notification under Section 4(1) of the Land Acquisition Act, 1894, published on 21/03/1990, for the construction of the D-1 distribution canal for the Selaulim Irrigation Project. The property was originally accessible from National Highway 17. The acquisition divided the property into two parcels: one remained connected to the highway, while the other, admeasuring about 1700 square metres, became landlocked without any access. The Land Acquisition Officer awarded compensation at Rs.32 per sq m for Survey No.288/21 and Rs.25 per sq m for Survey No.288/22, which was not enhanced by the Reference Court. However, the Reference Court observed that the appellants' engineer had not addressed the aspect of severance, impliedly admitting that the land was severed. The court concluded that the unacquired area had become completely inaccessible, a fact pleaded and proved by the applicant, and thus granted severance charges for 1700 sq m at half the rate. The High Court found no merit in the appeal, noting that the fact of the landlocked parcel was undisputed, and the value of that land had certainly diminished, requiring compensation. No comparable case was cited to reduce the percentage. The High Court dismissed the appeal, affirming the Reference Court's award.
Headnote
A) Land Acquisition - Severance Compensation - Section 23(1) Land Acquisition Act, 1894 - Severance charges at half the rate upheld for landlocked parcel - The acquisition of part of the applicant's land for an irrigation canal rendered the remaining 1700 sq m parcel inaccessible from the highway. The Land Acquisition Officer did not address severance, impliedly admitting severance. The Reference Court awarded half the rate as severance charges. The High Court affirmed, noting no comparable case cited to reduce the percentage and that the value of the landlocked parcel had diminished. (Paras 2-6)
Issue of Consideration
Whether the Reference Court was justified in awarding severance charges at half the rate of compensation for the balance land that became landlocked due to acquisition.
Final Decision
The High Court dismissed the appeal, affirming the Reference Court's award of severance charges at half the rate for the landlocked parcel.
Law Points
- Severance compensation
- Land acquisition
- Inaccessibility
- Diminution in value
- Half rate compensation
Case Details
2010 LawText (BOM) (10) 131
First Appeal No.52 of 2005
G. Shirodkar (Additional Government Advocate for Appellants), M.B. Da Costa (Senior Advocate with J.A. Lobo for Respondent)
State of Goa, through Chief Secretary, and Special Land Acquisition Officer
Mrs. Maria Hayde Sofia de Menino Jesus Gracias e Fernandes
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Nature of Litigation
Appeal against Reference Court's award of severance charges in land acquisition matter.
Remedy Sought
Appellants (State of Goa and Special Land Acquisition Officer) sought to set aside the Reference Court's order granting severance charges at half the rate.
Filing Reason
The Reference Court awarded severance charges at half the rate for the balance land that became landlocked due to acquisition, which the appellants challenged.
Previous Decisions
The Land Acquisition Officer awarded compensation at Rs.32 per sq m for Survey No.288/21 and Rs.25 per sq m for Survey No.288/22, which was not enhanced by the Reference Court. The Reference Court granted severance charges at half the rate for 1700 sq m.
Issues
Whether the Reference Court was justified in awarding severance charges at half the rate of compensation for the balance land that became landlocked due to acquisition.
Submissions/Arguments
Appellants argued that the Reference Court erred in granting severance charges at half the rate.
Respondent contended that the land became inaccessible and the value diminished, warranting severance compensation.
Ratio Decidendi
Where acquisition of part of a property renders the remaining parcel landlocked and inaccessible, the owner is entitled to severance compensation for the diminution in value. The grant of severance charges at half the rate is justified when no comparable case is cited to reduce the percentage.
Judgment Excerpts
The learned Reference Court has observed and, in my view, rightly that the appellants' engineer had not at all touched the aspect of severance thereby impliedly admitting that the applicant's land was severed.
How the applicant will make use of that property either for agriculture or otherwise, without having access is not known. The value of that land has certainly diminished to the applicant and that requires to be compensated.
On the facts of the case, therefore, in my view, the grant of severance charges at half the rate on account of applicant's balance land becoming inaccessible cannot be faulted.
Procedural History
The Land Acquisition Officer awarded compensation for the acquired land. The applicant sought reference, and the Reference Court by judgment dated 27/09/2004 awarded severance charges at half the rate. The State and the Special Land Acquisition Officer appealed to the High Court via First Appeal No.52 of 2005, which was dismissed on 06/10/2010.
Acts & Sections
- Land Acquisition Act, 1894: Section 4(1), Section 23(1)
