Case Note & Summary
The case involves a first appeal by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Limited against the judgment and award dated 29.1.2000 passed by the Additional District Judge III (South) Margao in Land Acquisition Case No.97/95. The government acquired large chunks of land at Chaudi, Canacona, including the respondents' land bearing Survey No.153/1 (part), a paddy field measuring 2150 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. Dissatisfied, the respondents sought reference under Section 18 of the Act. The reference court enhanced compensation to Rs.24 per sq. metre, relying on an award dated 15th March, 1989 passed by the High Court. The only issue in the appeal was whether the reference court was justified in enhancing compensation based on that previous award. The appellants argued that the previous award was not comparable. The court held that the reference court's reliance on the previous High Court award was justified as the land was similar and the award was a relevant piece of evidence for determining market value. The appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894, Sections 4, 18 - The reference court enhanced compensation from Rs.9 to Rs.24 per sq. metre for a paddy field acquired under Section 4(1) notification dated 12.8.1991, relying on a High Court award dated 15th March, 1989 for similar land. The appellants challenged the enhancement. Held that the reference court's reliance on the previous award was justified as the land was similar and the award was a relevant piece of evidence for determining market value. (Paras 4-5)
Issue of Consideration
Whether the reference court was justified in enhancing compensation from Rs.9 to Rs.24 per sq. metre for acquired paddy field land based on a previous High Court award for similar land.
Final Decision
Appeal dismissed with no order as to costs.
Law Points
- Compensation for land acquisition
- market value determination
- reliance on previous awards
- Land Acquisition Act
- 1894 Sections 4
- 18
