Case Note & Summary
The appellants, Shivanand Vassudeva Salgaocar and Dattaraj Vassudeva Salgaocar, owned land surveyed under no.219/2 in Village Sancoale, admeasuring 520 square metres. Pursuant to a notification under Section 4 of the Land Acquisition Act, 1894 dated 13.05.2002, the land was acquired for construction of a road at Zorint leading to Laximan Naik House at Sancoale. The Land Acquisition Officer passed an award under Section 11 of the Act offering compensation at the rate of Rs.23/- per square metre. Dissatisfied, the appellants preferred a reference under Section 18 claiming compensation at Rs.1300/- per square metre plus compensation for trees. The Reference Court, after recording evidence and hearing parties, dismissed the reference by judgment dated 30.06.2007 in Land Acquisition Case No. 18/2006. The appellants challenged this dismissal in the High Court. The High Court heard the appeal and considered the submissions. The court noted that the appellants failed to adduce any evidence to establish the market value of the acquired land. The burden of proof was on the claimants to show that the compensation awarded was inadequate. Since no reliable evidence was produced, the Reference Court's dismissal was justified. The High Court found no merit in the appeal and dismissed it, confirming the award of the Land Acquisition Officer.
Headnote
A) Land Acquisition - Compensation - Market Value - Section 18, Land Acquisition Act, 1894 - The appellants sought enhancement of compensation from Rs.23/- per sq m to Rs.1300/- per sq m for land acquired for road construction - The Reference Court dismissed the reference as the appellants failed to adduce sufficient evidence to prove the market value - Held that the burden of proof lies on the claimant to establish the market value, and in absence of reliable evidence, the award of the Land Acquisition Officer cannot be interfered with (Paras 2-3).
Issue of Consideration
Whether the appellants were entitled to enhancement of compensation for the acquired land under Section 18 of the Land Acquisition Act, 1894.
Final Decision
The High Court dismissed the appeal, confirming the judgment and award of the Reference Court dated 30.06.2007.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Burden of Proof
- Reference Court
