Case Note & Summary
The State of Goa, through the Special Land Acquisition Officer and the Executive Engineer, filed a first appeal under Section 54 of the Land Acquisition Act, 1894 against the judgment of the Additional District Judge, South Goa, in Land Acquisition Case No. 264/93. The case involved the acquisition of land admeasuring 9,70,525 sq. metres from Xelpem Village for the Salaulim Irrigation Project dam and submergence area. The notification under Section 4 of the Act was published on 2.12.1971. The Special Land Acquisition Officer passed an award under Section 11 in 1973, awarding compensation at varying rates for different types of land and trees. The respondent, Murlidhar Nadkarni, being dissatisfied with the compensation, applied for redetermination under Section 28-A of the Act. The Additional District Judge redetermined the compensation, enhancing the rates. The State appealed, challenging the maintainability of the reference and the quantum of compensation. The High Court, after considering the submissions, held that the reference under Section 28-A(3) was maintainable as the claimant had not accepted the original award and had applied within the time limit. The court found no infirmity in the redetermined compensation and dismissed the appeal, upholding the judgment of the Additional District Judge.
Headnote
A) Land Acquisition - Redetermination of Compensation - Section 28-A Land Acquisition Act, 1894 - Maintainability of Reference - The State appealed against the redetermination of compensation by the Additional District Judge under Section 28-A(3) of the Land Acquisition Act, 1894. The court held that the reference was maintainable as the claimant had not accepted the original award and had applied for redetermination within the prescribed period. The court upheld the enhanced compensation awarded by the reference court, finding no error in the determination. (Paras 1-5)
Issue of Consideration
Whether the reference under Section 28-A(3) of the Land Acquisition Act, 1894 was maintainable and whether the Additional District Judge correctly redetermined the compensation.
Final Decision
The High Court dismissed the appeal and upheld the judgment of the Additional District Judge redetermining the compensation.
Law Points
- Section 28-A Land Acquisition Act
- 1894
- Redetermination of compensation
- Reference under Section 28-A(3)
- Maintainability of reference
- Enhancement of compensation
Case Details
2005 LawText (BOM) (08) 97
Ms. W. Coutinho (Government Advocate for appellants), Mr. S. D. Lotlikar (Senior Advocate with Ms. Shreya Naik for respondent)
State of Goa through the Special Land Acquisition Officer (SIP) Gogol, Margao, Goa and The Executive Engineer, Works Div. X, Irrigation Deptt. Panimol, Sanguem, Goa
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
First appeal under Section 54 of the Land Acquisition Act, 1894 against the judgment of the Additional District Judge redetermining compensation under Section 28-A(3).
Remedy Sought
The State of Goa sought to set aside the redetermination of compensation by the Additional District Judge.
Filing Reason
The State was aggrieved by the enhancement of compensation awarded to the respondent by the Additional District Judge.
Previous Decisions
The Special Land Acquisition Officer passed an award under Section 11 in 1973. The Additional District Judge in Land Acquisition Case No. 264/93 redetermined the compensation under Section 28-A(3).
Issues
Whether the reference under Section 28-A(3) of the Land Acquisition Act, 1894 was maintainable.
Whether the Additional District Judge correctly redetermined the compensation.
Submissions/Arguments
The appellants argued that the reference under Section 28-A(3) was not maintainable.
The respondent contended that the reference was maintainable and the compensation was correctly redetermined.
Ratio Decidendi
The reference under Section 28-A(3) of the Land Acquisition Act, 1894 is maintainable when the claimant has not accepted the original award and has applied for redetermination within the prescribed period. The court found no error in the redetermined compensation.
Judgment Excerpts
This first appeal under Section 54 of the Land Acquisition Act, 1894 is at the instance of the State of Goa...
The Additional District Judge, South Goa, at Margao in Land Acquisition Case No.264/93 which was a reference under Section 28-A(3) of the Land Acquisition Act, 1894 redetermined the compensation awarded to the respondent by the Special Land Acquisition Officer.
Procedural History
Notification under Section 4 published on 2.12.1971. Award under Section 11 passed in 1973. Reference under Section 28-A(3) decided by Additional District Judge in Land Acquisition Case No. 264/93. State filed First Appeal No. 30/1999 in the High Court of Bombay at Goa.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 11, Section 28-A, Section 28-A(3), Section 54
