Case Note & Summary
The case pertains to an appeal by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Limited against the judgment and award dated 19.07.1999 passed by the Additional District Judge III (South) at Margao-Goa in Land Acquisition Case No. 24/96. The Government acquired large chunks of land for the Konkan Railway Corporation at Chaudi Canacona, including the respondents' land bearing Survey No. 145/1 (part) admeasuring 725 sq. metres, by notification dated 12.8.1991 under Section 4(1) of the Land Acquisition Act, 1894. The Special Land Acquisition Officer awarded Rs.9 per sq. metre by award dated 22.12.1993. Dissatisfied, the respondents sought reference under Section 18 of the Act, claiming Rs.200 per sq. metre for the acquired land and Rs.200 per sq. metre as severance charges for the balance area of 125 sq. metres. The Reference Court enhanced compensation to Rs.41 per sq. metre, relying on a Sale Deed dated 19.6.1991 for a small plot at Rs.60 per sq. metre, and rejecting the appellants' reliance on sale deeds of 1993 and 1994. The appellants challenged the enhancement, arguing that the sale deed relied upon was for a small plot and not comparable, and that the court should have considered the subsequent sale deeds showing lower value. The High Court held that the Reference Court was justified in relying on the sale deed dated 19.6.1991 as it was proximate in time to the notification and was a comparable instance. The court also held that the sale deeds of 1993 and 1994 were after the notification and could not be considered. The High Court further noted that the Reference Court had applied a deduction of 1/3rd for development charges, which was proper. The appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Reference Court enhanced compensation from Rs.9 to Rs.41 per sq. metre relying on Sale Deed dated 19.6.1991 for a small plot - Held that the sale deed was proximate in time to the Section 4(1) notification dated 12.8.1991 and was a comparable instance, and the court was justified in relying on it (Paras 4-6). B) Land Acquisition - Evidence - Belated Sale Instances - Appellants produced sale deeds of 1993 and 1994 to show lower value - Held that these were after the notification and could not be considered as comparable instances, and the Reference Court rightly rejected them (Para 7). C) Land Acquisition - Compensation - Deduction for Development - Sale deed of small plot cannot be directly applied to large acquisition without deduction - However, the Reference Court applied a deduction of 1/3rd for development charges, which was proper (Para 8).
Issue of Consideration
Whether the Reference Court was justified in enhancing compensation from Rs.9 to Rs.41 per sq. metre based on a sale deed of a small plot, and whether the rejection of sale instances produced by the appellants was proper.
Final Decision
The High Court dismissed the appeal with no order as to costs, upholding the Reference Court's enhancement of compensation to Rs.41 per sq. metre.
Law Points
- Land Acquisition
- Compensation Enhancement
- Comparable Sale Deed
- Belated Sale Instances
- Market Value Determination
- Section 4(1) Notification
- Section 18 Reference
- Section 23 Factors
