Case Note & Summary
The case pertains to an appeal filed by the Special Land Acquisition Officer and the Chief Engineer, Konkan Railway Corporation Ltd., against the Award dated 6.9.2002 passed by the Second Additional District Judge, Panaji, in Land Acquisition Case No. 211/1996. By Notification dated 23.9.1991, an area of 1,58,781 sq. metres was acquired for the Konkan Railway Corporation Ltd., including 3575 sq. metres of Survey No. 168/2 of Village Malar, Tiswadi Taluka, belonging to the respondent, Dr. Edgar Silveira. On 7.3.1994, the Land Acquisition Officer declared the Award and fixed the market value of the acquired land at Rs. 16 per sq. metre. Dissatisfied, the respondent sought reference under Section 18 of the Land Acquisition Act, 1894, claiming compensation at Rs. 200 per sq. metre. In the reference court, the respondent examined himself as AW.1 and one other witness. The reference court enhanced the compensation. The appellants challenged the enhancement in this appeal. The High Court, after hearing the parties, dismissed the appeal, upholding the reference court's decision. The court found no merit in the appeal and affirmed the compensation awarded.
Headnote
A) Land Acquisition - Compensation - Market Value - Section 18 of the Land Acquisition Act, 1894 - The respondent sought reference under Section 18 claiming higher compensation for land acquired for Konkan Railway. The Land Acquisition Officer had fixed market value at Rs. 16 per sq. metre. The reference court enhanced the compensation. The appellants challenged the enhancement. Held that the reference court's determination was based on evidence and no interference was warranted. (Paras 1-3)
Issue of Consideration
Whether the reference court was justified in enhancing the compensation for the acquired land from Rs. 16 per sq. metre to a higher rate?
Final Decision
Appeal dismissed. The Award dated 6.9.2002 passed by the Second Addl. District Judge, Panaji, in Land Acquisition Case No. 211/1996 is upheld.
Law Points
- Land Acquisition Act
- 1894
- Section 18
- Market value determination
- Reference court
- Burden of proof
- Appreciation of evidence
