Case Note & Summary
The State of Goa and the acquiring body, Goa Agricultural Produce Market Committee, appealed against the judgment and order dated 24th September 1999 passed by the Additional District Judge in LAC No.117/97, which enhanced the compensation for the acquired land from Rs.55/- to Rs.230/- per sq. mt. The land, bearing sub-division 6-A of survey no. 1/2, was acquired for the purpose of establishing a market committee. The original claimant, Shivram Anant Sinai Dessai (since deceased, represented by legal representatives), sought higher compensation. The Reference Court relied on sale deeds of adjacent lands and the potential use of the land for commercial purposes to determine the market value. The appellants contended that the enhancement was excessive and not based on proper evidence. The High Court, after examining the evidence, held that the Reference Court had correctly applied the comparable sales method and considered the potential of the land for non-agricultural use. The court found no infirmity in the impugned judgment and dismissed the appeal, upholding the enhanced compensation.
Headnote
A) Land Acquisition - Compensation - Market Value Determination - Comparable Sales Method - The court upheld the enhancement of compensation from Rs.55/- to Rs.230/- per sq. mt. based on sale deeds of adjacent lands and the potential use of the land for commercial purposes - Held that the Reference Court correctly applied the comparable sales method and considered the potential of the land for non-agricultural use (Paras 1-10).
Issue of Consideration
Whether the Additional District Judge was justified in enhancing the compensation from Rs.55/- to Rs.230/- per sq. mt. for the acquired land.
Final Decision
The High Court dismissed the appeal and upheld the judgment and order of the Additional District Judge enhancing compensation to Rs.230/- per sq. mt.
Law Points
- Market value determination
- comparable sales method
- potential use of land
- burden of proof on claimant
- enhancement of compensation
Case Details
2005 LawText (BOM) (07) 116
First Appeal No. 19 of 2000
Mr. Guru Shirodkar (Addl. Government Advocate for appellants), Mr. S. G. Dessai (Senior Advocate with Mr. Shivan Dessai and Mr. Laxman Pednekar for respondents)
State of Goa and Goa Agricultural Produce Market Committee
Shivram Anant Sinai Dessai (since deceased) through L.Rs.
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Nature of Litigation
Appeal against enhancement of land acquisition compensation.
Remedy Sought
The appellants (State and acquiring body) sought to set aside the enhanced compensation awarded by the Reference Court.
Filing Reason
The State and acquiring body were aggrieved by the enhancement of compensation from Rs.55/- to Rs.230/- per sq. mt.
Previous Decisions
The Additional District Judge in LAC No.117/97 enhanced the compensation from Rs.55/- to Rs.230/- per sq. mt. by judgment and order dated 24th September 1999.
Issues
Whether the Reference Court was justified in enhancing the compensation from Rs.55/- to Rs.230/- per sq. mt. based on the evidence on record.
Submissions/Arguments
The appellants argued that the enhancement was excessive and not supported by proper evidence.
The respondents supported the impugned judgment and contended that the compensation was fair based on comparable sales and potential use.
Ratio Decidendi
The market value of acquired land should be determined based on comparable sales of similar lands in the vicinity and the potential use of the land for non-agricultural purposes. The Reference Court's enhancement was justified as it relied on sale deeds of adjacent lands and considered the commercial potential.
Judgment Excerpts
This First Appeal arises from the land acquisition reference decided by the Additional District Judge in LAC No.117/97, in which the rate of compensation payable to the respondents was enhanced from Rs.55/- to Rs.230/- per sq. mt. by the impugned judgment and order dated 24th September, 1999.
Procedural History
The land was acquired by the Government. The Land Acquisition Officer awarded compensation at Rs.55/- per sq. mt. The claimant sought reference under Section 18 of the Land Acquisition Act. The Additional District Judge in LAC No.117/97 enhanced the compensation to Rs.230/- per sq. mt. The State and acquiring body filed First Appeal No. 19 of 2000 before the High Court.
Acts & Sections
- Land Acquisition Act, 1894:
