Case Note & Summary
The appellant, Shri Pandhari D'Souza Kuttikar, filed an appeal against the judgment and award dated 30.05.2006 passed by the Reference Court, which rejected his reference for enhanced compensation for land acquired by the respondents, Deputy Collector (REV) and Land Acquisition Officer and Inspector General of Prisons. The land was acquired for a public purpose, and the appellant sought higher compensation based on the potentiality of the land for non-agricultural use. The Reference Court rejected the reference, holding that the land was subject to restrictions under the Goa Land Use (Regulations) Act, 1991, which limited its potential for non-agricultural development. The appellant's counsel argued that the Apex Court had recently held that even a sale deed of land with potential for non-agricultural use can form the basis for determining compensation, and a deduction of 50% from the price of unrestricted land is acceptable. The respondents' counsel did not dispute this legal position. The High Court, after hearing both sides, set aside the impugned judgment and remanded the matter to the Reference Court for fresh consideration, directing that the Reference Court consider the compensation in light of the Apex Court judgment and apply a 50% deduction from the sale price of unrestricted land. The appeal was allowed with no order as to costs.
Headnote
A) Land Acquisition - Compensation - Potentiality - Goa Land Use (Regulations) Act, 1991 - The appellant challenged the rejection of his reference for compensation on the ground that the acquired land had potential for non-agricultural use despite restrictions under the Goa Land Use (Regulations) Act, 1991. The Court held that even a sale deed of land with potential for non-agricultural use can form the basis for determining compensation, and a deduction of 50% from the price of unrestricted land is acceptable as per Apex Court judgment. (Paras 2-4)
Issue of Consideration
Whether the Reference Court erred in rejecting the reference for compensation on the ground that the acquired land had potential for non-agricultural use despite restrictions under the Goa Land Use (Regulations) Act, 1991, and whether a sale deed of land with such potential can form the basis for determining compensation with appropriate deduction.
Final Decision
Appeal allowed. Impugned judgment and award dated 30.05.2006 set aside. Matter remanded to Reference Court for fresh consideration in light of Apex Court judgment, directing that compensation be determined with 50% deduction from sale price of unrestricted land. No order as to costs.
Law Points
- Land acquisition compensation
- potentiality of land
- non-agricultural use
- Goa Land Use (Regulations) Act 1991
- deduction for restrictions
- sale deed as basis
