Case Note & Summary
The State of Goa appealed against the judgment of the District Judge, South Goa, Margao, which partly allowed the claimant's reference under Section 18 of the Land Acquisition Act, 1894, fixing the market value of the acquired land at Rs. 100 per square meter. The land, admeasuring 1225 square meters (claimant's share), was acquired for the Salaulim Irrigation Project via notification under Section 4 published on 11/05/1987. The Special Land Acquisition Officer had awarded compensation at Rs. 15 per sqm by award dated 31/01/1989. Dissatisfied, the claimant sought enhancement to Rs. 400 per sqm. The reference court, after considering evidence including the land's proximity to the Margao-Quepem main road (less than 100 meters), electricity office, Chowgule College, primary school, church, mosque, and Konkan Railway office, determined the market value at Rs. 100 per sqm. The State appealed, arguing the enhancement was excessive. The High Court, perusing the record, found that the reference court's decision was based on proper appreciation of evidence, noting that the State led no evidence to rebut the claimant's case. The court held that the market value fixed was just and reasonable, and dismissed the appeal with no order as to costs.
Headnote
A) Land Acquisition - Market Value Determination - Section 23 Land Acquisition Act, 1894 - Enhancement of Compensation - The court considered the location of the acquired land, being less than 100 meters from the main road and near educational institutions, church, mosque, and Konkan Railway office, and upheld the reference court's enhancement from Rs. 15 to Rs. 100 per sqm based on oral and documentary evidence led by the claimant, despite no evidence from the State. (Paras 2-7)
Issue of Consideration
Whether the market value of the acquired land fixed by the reference court at Rs. 100 per square meter is justified based on the evidence on record.
Final Decision
Appeal dismissed. The judgment and order of the District Judge, South Goa, Margao dated 18th August 2006 in Land Acquisition Case No. 141/2000 is confirmed. No order as to costs.
Law Points
- Market value determination
- Land acquisition compensation
- Appreciation of evidence
- Section 4 notification
- Section 18 reference
Case Details
2006 LawText (BOM) (08) 125
First Appeal No. 141 of 2000
Ms. W. Coutinho, Government Advocate for Appellants; Shri P. S. Rao, Advocate for Respondent
Special Land Acquisition Officer, (S), (S.I.P.), ID Complex, Gogal, Margao, Goa and Executive Engineer, Works Div., IX, ID, Gogal, Margao
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Nature of Litigation
Appeal against judgment of District Court partly allowing reference under Section 18 of Land Acquisition Act, 1894 for enhancement of compensation.
Remedy Sought
State sought to set aside the enhanced compensation awarded by the reference court.
Filing Reason
State aggrieved by the enhancement of market value from Rs. 15 to Rs. 100 per square meter.
Previous Decisions
Special Land Acquisition Officer awarded Rs. 15 per sqm on 31/01/1989; District Court enhanced to Rs. 100 per sqm on reference.
Issues
Whether the reference court correctly appreciated the evidence to fix market value at Rs. 100 per sqm.
Whether the State's appeal against enhancement is maintainable in absence of evidence.
Submissions/Arguments
Appellants (State) argued that the market value fixed by SLAO was correct and the enhancement was unjustified.
Respondent (claimant) supported the reference court's decision based on location and amenities.
Ratio Decidendi
In land acquisition matters, the market value must be determined based on the potentialities of the land and its location. The reference court's appreciation of evidence, including proximity to main road, educational institutions, and other amenities, is entitled to weight, especially when the State fails to lead any rebuttal evidence. The enhancement from Rs. 15 to Rs. 100 per sqm was held to be just and reasonable.
Judgment Excerpts
The State has preferred this appeal against the judgment and order passed by the District Judge, South Goa, Margao, allowing the respondent's claimant's reference partly under Section 18 of the Land Acquisition Act and holding that, the market value of the acquired land admeasuring 1225 square meters coming to the share of the claimant was fixed at Rs. 100/ per square meter.
It is quite obvious that the acquired land is less than 100 meters away from the Margao Quepem main road and is about 100 meters away from the electricity office and about 500 meters away from Chowgule College and about 200 meters away from the primary school.
Procedural History
Notification under Section 4 published on 11/05/1987; SLAO award on 31/01/1989 at Rs. 15 per sqm; Claimant filed reference under Section 18; District Court partly allowed reference on 18/08/2006 enhancing compensation to Rs. 100 per sqm; State filed First Appeal No. 141 of 2000 before High Court; High Court dismissed appeal on 18/08/2006.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 18, Section 23
