Case Note & Summary
The case involves a first appeal filed by Dr. Jaiwant B. Sardessai against the judgment and award dated 8/03/2004 passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case No.11/2001. The appellant's land admeasuring 2,14,995 square metres in various survey numbers of Nagvem village and other properties was acquired pursuant to notifications dated 17/04/1997 and 1/04/1998 for rehabilitation of affected families of Vadem Sanguem Taluka. The Special Land Acquisition Officer passed an award under Section 11 of the Land Acquisition Act, 1894 offering compensation at varying rates: Rs.6 per square metre for tenanted lands, Rs.20 per square metre for bharad land, Rs.8 per square metre for untenanted paddy fields, and Rs.18 per square metre for cashew garden. Dissatisfied, the appellant sought a reference under Section 18 claiming Rs.60 per square metre for the land and additional compensation for coconut trees and structures. The Reference Court, after recording evidence, rejected the reference. The appellant then appealed to the High Court. The main legal issue was whether the appellant was entitled to enhanced compensation. The appellant argued that the land was ongoing agricultural land generating substantial income and that the Reference Court erred in rejecting the claim. The respondents contended that the appellant failed to produce any sale instances or evidence to justify higher compensation. The High Court, after considering the submissions, held that the burden of proof lies on the claimant to establish inadequacy of compensation. Since the appellant did not produce any comparable sale deeds or other evidence to demonstrate that the market value was higher than Rs.6 per square metre, the appeal was dismissed. The court found no merit in the appeal and upheld the Reference Court's decision.
Headnote
A) Land Acquisition - Compensation - Market Value - Section 23, Land Acquisition Act, 1894 - The appellant sought enhancement of compensation from Rs.6 to Rs.60 per square metre for agricultural land acquired for rehabilitation of affected families - The Reference Court rejected the claim as the appellant failed to produce any sale instances or evidence of higher market value - Held that the burden of proof lies on the claimant to establish that the compensation awarded is inadequate, and in the absence of such evidence, the award cannot be enhanced (Paras 2-6).
Issue of Consideration
Whether the appellant is entitled to enhanced compensation for the acquired agricultural land beyond the rate of Rs.6 per square metre awarded by the Land Acquisition Officer.
Final Decision
The appeal is dismissed. The judgment and award of the Reference Court dated 8/03/2004 are upheld. No order as to costs.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Burden of Proof
- Reference under Section 18
- Land Acquisition Act
- 1894
