Case Note & Summary
The appellant, Shri Surendranath Sripad Sinai Dessai, owned land in Village Dhargal, Pernem Taluka, Goa, which was acquired for the Konkan Railway Corporation Ltd. by Notification dated 19.9.1991. The Land Acquisition Officer fixed the market rate at Rs.14.40 per sq. metre by Award dated 28th January, 1994. Dissatisfied, the appellant sought a reference under Section 18 of the Land Acquisition Act, 1894, claiming compensation at Rs.100 per sq. metre. In Land Acquisition Case No.56/1996, the appellant examined three witnesses, while the respondent examined none. The reference court, after considering the evidence, held that the appellant was not entitled to any higher compensation and rejected the reference. The appellant then filed the present first appeal. The High Court, after hearing submissions, found no merit in the appeal and dismissed it, upholding the reference court's decision.
Headnote
A) Land Acquisition - Compensation - Burden of Proof - Section 18, Land Acquisition Act, 1894 - The appellant sought enhanced compensation for land acquired for Konkan Railway, claiming Rs.100 per sq. metre against the awarded Rs.14.40 per sq. metre. The reference court dismissed the claim, holding that the appellant failed to adduce sufficient evidence to prove higher market value. The High Court upheld the dismissal, finding no error in the reference court's appreciation of evidence. (Paras 1-3)
Issue of Consideration
Whether the appellant was entitled to enhanced compensation for the acquired land beyond the rate fixed by the Land Acquisition Officer.
Final Decision
The appeal is dismissed. No order as to costs.
Law Points
- Burden of proof on claimant to establish higher market value
- Reference court's appreciation of evidence
- Section 18 Land Acquisition Act
- 1894
Case Details
2005 LawText (BOM) (03) 79
First Appeal No. 33 of 2004
A.P. Lavande, N.A. Britto
Mr. S.G. Dessai, Sr. Advocate with Mr. L. Alornekar, Advocate for the appellant; Mr. E. Afonso, Advocate for the respondent
Shri Surendranath Sripad Sinai Dessai
The Special Land Acquisition Officer, Konkan Railway Corporation Ltd.
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Nature of Litigation
Appeal against dismissal of reference seeking enhanced compensation for land acquisition.
Remedy Sought
Appellant sought enhanced compensation at Rs.100 per sq. metre instead of Rs.14.40 per sq. metre awarded by Land Acquisition Officer.
Filing Reason
Appellant was dissatisfied with the compensation awarded by the Land Acquisition Officer and the subsequent dismissal of his reference by the District Judge.
Previous Decisions
Land Acquisition Officer awarded compensation at Rs.14.40 per sq. metre on 28.1.1994; reference court dismissed the claim for enhancement on 28.10.2003.
Issues
Whether the appellant is entitled to enhanced compensation for the acquired land.
Submissions/Arguments
Appellant argued that the case was fit for enhanced compensation.
Respondent opposed the appeal.
Ratio Decidendi
The appellant failed to adduce sufficient evidence to prove that the market value of the acquired land was higher than the rate fixed by the Land Acquisition Officer. The reference court's appreciation of evidence was not erroneous.
Judgment Excerpts
The appellant challenges the Award dated 28th October, 2003, passed by the IInd Addl. District Judge, Panaji in Land Acquisition Case No.56/1996, dismissing the reference.
After considering the evidence led by the appellant, the reference Court held that the appellant was not entitled to any higher compensation and consequently, rejected the reference.
Procedural History
Land Acquisition Officer awarded compensation on 28.1.1994. Appellant sought reference under Section 18 of the Land Acquisition Act, 1894. Reference court dismissed the claim on 28.10.2003. Appellant filed First Appeal No. 33 of 2004 before the High Court of Bombay at Goa, which was dismissed on 14.3.2005.
Acts & Sections
- Land Acquisition Act, 1894: Section 18
