Case Note & Summary
The case involves an appeal by the Special Land Acquisition Officer (South Goa) and the Chief Engineer, Konkan Railway Corporation Limited against the judgment and award dated 30.10.1999 passed by the Additional District Judge III (South) Margao in Land Acquisition Case No.133/95. The Government acquired large chunks of land at Chaudi, Canacona for the Konkan Railway project under Section 4(1) of the Land Acquisition Act, 1894. The respondent's lands bearing Survey Nos.93/9, 98/1 and 93/10 were part of the acquisition. Survey No.98/1 measuring 312 sq. metres was barad land, while Survey Nos.93/9 and 93/10 measuring 650 and 640 sq. metres respectively were paddy fields. The Special Land Acquisition Officer awarded Rs.9/- per sq. metre for paddy fields and Rs.20/- per sq. metre for barad land. Dissatisfied, the respondent sought a reference under Section 18 of the Act. The Reference Court enhanced the compensation to Rs.30/- per sq. metre for paddy fields and Rs.40/- per sq. metre for barad land. The appellants challenged this enhancement in the High Court. The High Court, after considering the submissions, found no merit in the appeal and dismissed it, upholding the enhanced compensation awarded by the Reference Court.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value - Land Acquisition Act, 1894, Sections 4(1), 23, 18 - The Reference Court enhanced compensation for paddy fields from Rs.9/- to Rs.30/- per sq. metre and for barad land from Rs.20/- to Rs.40/- per sq. metre based on evidence of comparable sales and potential use. The High Court upheld the enhancement, finding no error in the Reference Court's assessment. (Paras 2-3)
Issue of Consideration
Whether the Reference Court was justified in enhancing the compensation for the acquired paddy fields and barad land from Rs.9/- per sq. metre and Rs.20/- per sq. metre respectively to Rs.30/- per sq. metre for paddy fields and Rs.40/- per sq. metre for barad land.
Final Decision
The High Court dismissed the appeal and upheld the Reference Court's award enhancing compensation.
Law Points
- Land Acquisition Act
- 1894
- Section 4(1)
- Section 23
- Section 18
- Compensation Enhancement
- Market Value Determination
- Reference Court
