Case Note & Summary
The case arises from a land acquisition for the Konkan Railway Project. The Special Land Acquisition Officer and Chief Engineer, Konkan Railway Corporation Limited, appealed against the judgment and award dated 6.9.2002 of the Second Additional District Judge, Panaji, in Land Acquisition Case No.147/96. The reference Court had enhanced compensation from Rs.12/- per sq. metre awarded by the Land Acquisition Officer to Rs.100/- per sq. metre for 975 sq. metres of land bearing Survey No.194 acquired under Section 4 notification dated 23.9.91. The respondents, legal representatives of the deceased owner Dr. Francisco Jose de Piedade Menezes, sought reference under Section 18 of the Land Acquisition Act, 1894, claiming Rs.200/- per sq. metre. They examined Loyola Menezes (AW.1), Prazeres Gonsalves (AW.2), and Edgar Silveira (AW.3), while the appellants examined Anup Pednekar (RW.1) and Manguesh Shripad Deshpande (RW.2). The reference Court accepted a sale deed dated 5.11.85 for similar land 1.2 km away as the basis, applying 10% annual increase for the six-year gap, resulting in Rs.100/- per sq. metre. The High Court, in appeal, found no perversity or error in the reference Court's reasoning and dismissed the appeal, upholding the enhanced compensation.
Headnote
A) Land Acquisition - Compensation Enhancement - Sale Deed as Basis - Similar Land - The reference Court enhanced compensation from Rs.12/- to Rs.100/- per sq. metre relying on a sale deed dated 5.11.85 for similar land situated 1.2 km from acquired land, applying 10% annual increase for six years prior to notification under Section 4 of the Land Acquisition Act, 1894. The High Court upheld the enhancement, finding no perversity or error in the reference Court's approach. (Paras 2-4)
Issue of Consideration
Whether the reference Court was justified in enhancing compensation from Rs.12/- to Rs.100/- per sq. metre based on a sale deed of a similar land situated 1.2 km away and applying 10% annual increase for the gap of six years.
Final Decision
The High Court dismissed the appeal and upheld the judgment and award dated 6.9.2002 passed by the Second Additional District Judge, Panaji, in Land Acquisition Case No.147/96, enhancing compensation to Rs.100/- per sq. metre.
Law Points
- Land Acquisition
- Compensation Enhancement
- Sale Deed as Basis
- 10% Annual Increase
- Similar Land
- Distance 1.2 km
Case Details
2005 LawText (BOM) (03) 86
Mr. E. Afonso for the appellants, Mr. A.F. Diniz for the respondents
1. Special Land Acquisition Officer (North Goa), Konkan Railway Corporation Limited, 2. Chief Engineer, Konkan Railway Corporation Ltd.
Dr. Francisco Jose de Piedade Menezes (since deceased) represented by his LR's: a. Mario de Piedade Menezes, b. Maria Hilda da Guia Rebelo e Menezes, c. Cecilia Filomena Antonieta de Piedade Menezes e Pinto, d. Jose Louis Paulo Pinto, e. Carmen de Sa, f. Victor Joseph de Sa, g. Maria Verodiana Clotildes de Piedade Menezes Rebelo, h. Dr. Roque Antonio Judas Tadeo Caetano Ribeiro. All LR's represented by their attorney, Loyala Menezes.
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Nature of Litigation
Appeal against enhancement of land acquisition compensation.
Remedy Sought
Appellants sought to set aside the reference Court's award enhancing compensation from Rs.12/- to Rs.100/- per sq. metre.
Filing Reason
Appellants were aggrieved by the enhancement of compensation by the reference Court.
Previous Decisions
Land Acquisition Officer awarded Rs.12/- per sq. metre on 7.3.1994; reference Court enhanced to Rs.100/- per sq. metre on 6.9.2002.
Issues
Whether the reference Court erred in relying on a sale deed of land situated 1.2 km away as a comparable instance.
Whether the application of 10% annual increase for six years was justified.
Submissions/Arguments
Appellants argued that the reference Court's enhancement was excessive and not based on proper evidence.
Respondents supported the reference Court's reasoning and award.
Ratio Decidendi
The reference Court's reliance on a sale deed of similar land situated 1.2 km away and application of 10% annual increase for the gap of six years was not perverse or erroneous; the High Court found no reason to interfere with the enhancement.
Judgment Excerpts
This appeal is directed against the Judgment and Award dated 6.9.2002, passed by the Second Additional District Judge, Panaji in Land Acquisition Case No.147/96, by which the reference Court has enhanced the compensation payable to the respondent from Rs.12/- to Rs.100/- per sq. metre.
The reference Court held that the plot of land which was the subject-matter of the sale deed dated 5.11.85, which was produced by the applicants, was situated at a distance of about 1.2 kms. from the acquired land and also found that the acquired land as well as the land of the said sale deed were similar type of lands.
Procedural History
Notification under Section 4 of the Land Acquisition Act, 1894 published on 23.9.91. Land Acquisition Officer declared award on 7.3.1994 fixing compensation at Rs.12/- per sq. metre. Respondents sought reference under Section 18. Reference Court enhanced compensation to Rs.100/- per sq. metre on 6.9.2002. Appellants filed First Appeal No. 18/2003 in the High Court of Bombay at Goa, which was dismissed on 11.3.2005.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 18
