Case Note & Summary
The case involves an appeal by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Ltd. against the judgment and award dated 12.9.2003 passed by the Additional District Judge, South Goa, Margao in Land Acquisition No.178/95. The land in question was a paddy field bearing survey no.56/2 admeasuring 1400 square metres at Nagorcem, Palolem, belonging to the respondent Premabai Vishwanath Naik Dessai. The land was acquired for the Konkan Railway project via a notification dated 24.7.1991 under Section 4 of the Land Acquisition Act, 1894. The Special Land Acquisition Officer awarded compensation at Rs.9 per square metre by award dated 9.12.1993. Dissatisfied, the respondent sought a reference under Section 18 of the Act, claiming Rs.150 per square metre. The Reference Court, relying on an earlier award dated 15.3.1989 (Exhibit AW1/A) for acquisition of similar land for an approach road to Talpona Galjibag bridge, which had fixed compensation at Rs.24 per square metre, enhanced the compensation to Rs.24 per square metre. The appellants challenged this enhancement, arguing that the prior award was not comparable. The High Court, noting that the issue was covered by several judgments in connected appeals, dismissed the appeal by consent, upholding the Reference Court's decision. The court found that the prior award was a relevant comparable instance and that the enhanced compensation was just and reasonable. The appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Compensation - Market Value Determination - Reference Court's Reliance on Prior Award - The Reference Court enhanced compensation from Rs.9 to Rs.24 per square metre for paddy field acquired for Konkan Railway, relying on an award dated 15.3.1989 for acquisition of similar land for approach road to Talpona Galjibag bridge. The High Court upheld the enhancement, finding the prior award to be a comparable instance and the compensation just and reasonable. (Paras 2-4)
Issue of Consideration
Whether the Reference Court was justified in enhancing compensation from Rs.9 per square metre to Rs.24 per square metre for the acquired paddy field based on a prior award for acquisition of similar land for a different public purpose.
Final Decision
The High Court dismissed the appeal, upholding the Reference Court's award of Rs.24 per square metre as compensation for the acquired land. No order as to costs.
Law Points
- Land Acquisition
- Compensation
- Comparable Sales Method
- Market Value Determination
- Reference Court's Discretion
