Case Note & Summary
The case pertains to an appeal by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Ltd. against the judgment and award dated 25.8.2000 passed by the Additional District Judge, South Goa, Margao in Land Acquisition No.212/95. The government acquired large chunks of land at Nagarcem, Palolem, Canacona for the Konkan Railway project via notification dated 24.7.1991 under Section 4 of the Land Acquisition Act, 1894. The respondent's property bearing survey no.195/1 admeasuring 2500 square meters, a paddy field, was part of the acquired land. The Special Land Acquisition Officer awarded compensation at Rs.9/- per square meter by award dated 9.12.1993. Aggrieved, the original applicant sought a reference under Section 18 of the Act claiming Rs.100/- per square meter. The reference court relied on a sale deed dated 19.1.1987 (Exhibit AW1/A) where one Rosalina Rodrigues purchased a paddy field admeasuring 1455 square meters for Rs.43,650/- i.e. at Rs.30/- per square meter. The reference court held that the land purchased by Rosalina Rodrigues was a paddy field similar to the acquired land and situated in the same vicinity, and thus enhanced compensation to Rs.30/- per square meter. The appellants challenged this enhancement, arguing that the sale deed was not comparable due to the small area and that the land was not similarly situated. The High Court examined the evidence and found that the sale deed was of a paddy field of similar nature and located in the same area. The court noted that the sale deed was a genuine transaction and the land was comparable. The court also considered that the acquired land was a large chunk and some deduction for development might be warranted, but the reference court had already applied a deduction by not granting the full claimed rate. The High Court held that the reference court's determination was based on proper evidence and did not warrant interference. The appeal was dismissed, and the compensation of Rs.30/- per square meter was upheld.
Headnote
A) Land Acquisition - Market Value Determination - Comparable Sale Method - Section 23, Land Acquisition Act, 1894 - The reference court enhanced compensation from Rs.9/- to Rs.30/- per sq m relying on a sale deed of a paddy field of similar nature and proximity - Held that the sale deed was a genuine transaction and the land was comparable, thus the enhancement was justified (Paras 2-5).
Issue of Consideration
Whether the reference court was justified in enhancing compensation from Rs.9/- to Rs.30/- per square meter based on a sale deed of a comparable paddy field.
Final Decision
Appeal dismissed; compensation of Rs.30/- per square meter upheld
Law Points
- Market value determination
- Comparable sale method
- Deduction for development
- Section 23 Land Acquisition Act
- 1894
- Section 18 reference
