Case Note & Summary
The appellants, Special Land Acquisition Officer and Chief Engineer of Konkan Railway Corporation Ltd., appealed against the Award dated 28.1.2000 passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case No.18/96, which enhanced compensation for the acquired land bearing Survey No.14/8 (part) from Rs.4/- to Rs.99/- per sq. metre. The land, measuring 275 sq. metres out of total acquisition of 22,225 sq. metres in Cortalim Village, was acquired for Konkan Railway purposes under a Section 4 notification dated 25.8.1994. The Land Acquisition Officer awarded compensation at Rs.4/- per sq. metre on 25.8.1995. The respondents (claimants) sought reference under Section 18 of the Land Acquisition Act, 1894, claiming compensation at Rs.750/- per sq. metre. They examined two witnesses: Antonio P.M. Furtado (AW.1) and Peter D'Souza (AW.2). The reference court enhanced compensation to Rs.99/- per sq. metre. The High Court held that the claimants failed to prove the market value of the acquired land. The sale instances relied upon by the reference court were of smaller plots and not comparable to the large area of acquired land. The court noted that the burden of proof lies on the claimants to establish the market value, and they did not discharge it. Consequently, the appeal was allowed, the reference court's award was set aside, and the compensation was restored to Rs.4/- per sq. metre.
Headnote
A) Land Acquisition - Compensation - Market Value - Section 4, Section 18, Land Acquisition Act, 1894 - Enhancement of compensation from Rs.4/- to Rs.99/- per sq. metre by reference court was set aside as the claimants failed to prove market value through reliable sale instances or other evidence - Held that the reference court erred in relying on sale instances of smaller plots and not considering the large area of acquired land (Paras 1-10).
Issue of Consideration
Whether the reference court was justified in enhancing the compensation from Rs.4/- to Rs.99/- per sq. metre for the acquired land.
Final Decision
Appeal allowed. The award dated 28.1.2000 passed by the Additional District Judge, South Goa, Margao in Land Acquisition Case No.18/96 is set aside. Compensation restored to Rs.4/- per sq. metre as awarded by the Land Acquisition Officer.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Burden of Proof
- Sale Instances
- Section 4 Notification
- Section 18 Reference
