Case Note & Summary
The case pertains to an appeal filed by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Ltd. against the judgment and award dated 21.8.1999 passed by the Additional District Judge, South Goa, Margao in Land Acquisition No.96/95. The Government had acquired large chunks of land at Chaudi, Canacona for the Konkan Railway Corporation Ltd. by Notification dated 12.8.1991 under Section 4 of the Land Acquisition Act, 1894. The acquired lands included survey nos. 105/11, 100/5, 101/3 and 101/13 admeasuring 4073 square meters belonging to the respondent, Shanta Purshottam Naik Gaocar. The Special Land Acquisition Officer by his award dated 22.12.1993 awarded Rs.9/- per square meter for survey nos. 105/11, 101/3 and 101/13 which were paddy fields, and Rs.18/- per square meter for survey no.100/5 which was a coconut garden. Aggrieved, the respondent sought a reference under Section 18 of the Act claiming compensation of Rs.100/- per square meter. The reference Court, relying on an earlier award dated 15.3.1989 (Exhibit AW1/A) which was in respect of acquisition for the proposed approach road to Talpona Galjibag bridge, awarded Rs.24/- per square meter for all survey numbers after holding that all the lands belonging to the respondent which were acquired were similar. The appellants challenged this enhancement. The High Court, after hearing the appellants' advocate (the respondent was absent despite service), found that the reference Court had relied on a previous award for similar land acquired for a similar purpose, and the enhancement was justified. The Court noted that the previous award was a comparable sale instance and the reference Court had correctly applied it. The appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Compensation - Enhancement - Section 18, Land Acquisition Act, 1894 - The reference Court enhanced compensation from Rs.9/- and Rs.18/- per sq.m. to Rs.24/- per sq.m. relying on an earlier award dated 15.3.1989 for acquisition of similar land for approach road to Talpona Galjibag bridge. The High Court held that the previous award was a comparable sale instance and the enhancement was justified. The appeal by the Land Acquisition Officer was dismissed. (Paras 2-3)
Issue of Consideration
Whether the reference Court was justified in enhancing the compensation from Rs.9/- and Rs.18/- per square meter to Rs.24/- per square meter for the acquired lands based on a previous award for similar land.
Final Decision
Appeal dismissed. The judgment and award dated 21.8.1999 passed by the Additional District Judge, South Goa, Margao in Land Acquisition No.96/95 is upheld. No order as to costs.
Law Points
- Land Acquisition
- Compensation
- Comparable Sale Instance
- Enhancement of Compensation
- Section 4 Notification
- Section 18 Reference
