Case Note & Summary
The case involves an appeal by the Special Land Acquisition Officer and the Chief Engineer, Konkan Railway Corporation Ltd., against the judgment and award dated 12.4.2002 passed by the Additional District Judge, Margao, in Land Acquisition No.89/95. The Government acquired 2,60,262 square meters of land at Chaudi, Canacona Taluka, by notification dated 4.7.1991 under Section 4 of the Land Acquisition Act, 1894. The respondent's properties bearing survey nos.99/2, 99/5, and 140 were part of the acquired land, with areas of 115 sq m, 1681 sq m, and 2606 sq m respectively. Survey nos.99/5 and 99/2 were garden lands, while survey no.140 was paddy field. The Special Land Acquisition Officer, by award dated 22.12.1993, fixed compensation at Rs.18/ per sq m for garden land and Rs.9/ per sq m for paddy field. Dissatisfied, the respondent sought reference under Section 18 of the Act claiming Rs.100/ per sq m. In the reference, the respondent examined himself and produced three sale deeds: (1) Sale Deed dated 10.11.1988 (Exhibit AW1/A) for a 500 sq m plot sold at Rs.100/ per sq m; (2) Sale Deed dated 28.4.1989 (Exhibit AW1/B) for a 100 sq m plot sold at Rs.100/ per sq m; (3) Sale Deed dated 5.6.1991 (Exhibit AW1/C) for a 100 sq m plot sold at Rs.100/ per sq m. The Reference Court, by the impugned award, enhanced compensation to Rs.40/ per sq m for garden land and Rs.20/ per sq m for paddy field, applying a 50% deduction for development. The appellants challenged the enhancement, arguing that the sale deeds were of small plots and not comparable. The court held that the Reference Court correctly relied on the sale deeds with appropriate deduction, and found no reason to interfere. The appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Market Value Determination - Comparable Sale Method - The court upheld the Reference Court's enhancement of compensation from Rs.18/ to Rs.40/ per sq m for garden land and from Rs.9/ to Rs.20/ per sq m for paddy field, based on sale deeds of smaller plots with 50% deduction for development - Held that sale deeds of small plots can be relied upon with appropriate deduction for development (Paras 4-6). B) Land Acquisition - Classification of Land - Garden Land vs Paddy Field - The court accepted the classification of survey no.99/5 and 99/2 as garden land and survey no.140 as paddy field, as per the Land Acquisition Officer's award - Held that the classification is not disputed (Para 2).
Issue of Consideration
Whether the Reference Court correctly enhanced compensation for acquired land based on sale deeds of smaller plots without proper deduction for development?
Final Decision
Appeal dismissed. No order as to costs.
Law Points
- Market value determination
- comparable sale method
- deduction for development
- garden land vs paddy field classification
- Land Acquisition Act
- 1894
