Case Note & Summary
The case pertains to an appeal filed by the Deputy Collector and Executive Engineer against an Award dated 16th April 2005 passed by the Reference Court, Margao in Land Acquisition Case No. 11/2000. The Government had acquired land bearing Survey No. 51/11 in Betalbatim village for road construction. The Land Acquisition Officer awarded compensation at Rs.4 per sq.m. under Section 11 of the Land Acquisition Act, 1894. Dissatisfied, the claimants sought a reference under Section 18, and the Reference Court enhanced the compensation to Rs.28 per sq.m., along with benefits under Section 23. The appellants challenged this enhancement. The sole issue was whether the Reference Court was justified in enhancing the compensation. The claimants examined themselves as AW.1 and produced four documents: an Award dated 15th October 2004 in Land Acquisition Case No. 203/99 for adjacent land at Rs.30 per sq.m., and two sale deeds dated 7th January 1986 and 9th January 1986 for portions of a property admeasuring 675 sq.m. sold at Rs.30 per sq.m. The High Court noted that the Reference Court had relied on these documents, which were comparable and proximate in time and location to the acquired land. The Court found no error in the Reference Court's reasoning and dismissed the appeal, confirming the enhanced compensation.
Headnote
A) Land Acquisition - Compensation - Market Value - Enhancement - The Reference Court enhanced compensation from Rs.4 to Rs.28 per sq.m. based on a prior award and two sale deeds of 1986 for adjacent land at Rs.30 per sq.m. - The High Court held that the Reference Court's reliance on these documents was justified as they were comparable and proximate in time and location - The appeal was dismissed, confirming the enhanced compensation (Paras 2-6).
Issue of Consideration
Whether the Reference Court was justified in enhancing the market value of the acquired land from Rs.4 to Rs.28 per sq.m. based on the materials placed on record.
Final Decision
The appeal is dismissed. The impugned Award dated 16th April 2005 passed by the Reference Court, Margao in Land Acquisition Case No. 11/2000 is confirmed. No order as to costs.
Law Points
- Land acquisition compensation
- market value determination
- reliance on comparable sale deeds and prior awards
- enhancement of compensation under Section 23 of Land Acquisition Act
- 1894
Case Details
2006 LawText (BOM) (02) 50
First Appeal No. 193 of 2005
Shri G. Shirodkar, Additional Government Advocate for the Appellants. Respondents absent, though served.
Deputy Collector and (S.D.O.) Mormugao, Vascod a Gama, Goa and Executive Engineer, W.D. VI, P.W.D. Fatorda, Margao, Goa
Shri Diogo Piedade Inacio Falcao (since deceased represented by his legal heirs: Rosa Maria Crasto e Falcao (expired), Santana Helodia Falcao, Maria Filomena Falcao, Tome Ddioginho Falcao (expired), Custodio Filipe Falcao, Esperanco Falcao, Succorro Concesao Falcao, Remetina Falcao)
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Nature of Litigation
Appeal against enhancement of compensation in land acquisition reference.
Remedy Sought
Appellants sought to set aside the Award dated 16th April 2005 enhancing compensation from Rs.4 to Rs.28 per sq.m.
Filing Reason
Appellants challenged the Reference Court's enhancement of market value of acquired land.
Previous Decisions
Land Acquisition Officer awarded Rs.4 per sq.m. under Section 11; Reference Court enhanced to Rs.28 per sq.m. under Section 18.
Issues
Whether the Reference Court was justified in enhancing the market value from Rs.4 to Rs.28 per sq.m. based on the materials on record.
Submissions/Arguments
Appellants argued that the Reference Court erred in enhancing compensation without proper evidence.
Claimants relied on a prior award for adjacent land at Rs.30 per sq.m. and two sale deeds of 1986 for adjacent land at Rs.30 per sq.m.
Ratio Decidendi
The Reference Court's enhancement of compensation was justified as it relied on a prior award and sale deeds for comparable land proximate in time and location, which are valid pieces of evidence for determining market value under the Land Acquisition Act, 1894.
Judgment Excerpts
The sole question which arises for consideration in the matter is whether on the basis of the materials placed on record, the Reference Court was justified in enhancing the compensation from Rs.4 to Rs.28 per sq.m.
The Reference Court has relied upon the Award dated 15th October, 2004 in Land Acquisition Case No.203/99 in relation to the adjacent land and the two sale deeds of 1986 in relation to the adjacent land. The said documents clearly disclose that the adjacent land was sold at the rate of Rs.30 per sq.m. in the year 1986 and the Reference Court in the year 2004 had awarded compensation at the rate of Rs.30 per sq.m. for the adjacent land.
Procedural History
Section 4 Notification published on 30th November 1992. Declaration under Section 6 and compliance with Section 9 followed. Award under Section 11 passed at Rs.4 per sq.m. Claimants sought reference under Section 18. Reference Court passed Award on 16th April 2005 enhancing compensation to Rs.28 per sq.m. Appellants filed First Appeal No. 193 of 2005 before the High Court of Bombay at Goa.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 6, Section 9, Section 11, Section 18, Section 23
