Case Note & Summary
The State of Goa, through the Special Land Acquisition Officer and the Executive Engineer, filed an appeal under Section 18 of the Land Acquisition Act, 1894, against the judgment and order of the Additional District Judge, South Goa, Margao, which enhanced the compensation for the acquisition of the respondents' land. The land, measuring 11,663 square metres under survey no. 65/3 at Cuelim, Cortalim Village, was acquired for construction of a sump, pump house, and M.B.R. The initial notification under Section 4 was published on 20/07/1984, and a subsequent notification for additional area was published on 02/11/1989. The Land Acquisition Officer offered compensation at Rs. 13 per square metre. Dissatisfied, the claimants sought a reference under Section 18, claiming enhancement. The reference court, after hearing the parties and relying on two prior decisions of the District Court in Land Acquisition Case No. 166/88 and Land Acquisition Case No. 136/93, which had attained finality, awarded compensation at Rs. 30 per square metre. The State appealed, arguing that the enhanced rate was excessive. The High Court, per P. V. Kakade, J., heard the counsel and perused the record. It noted that the reference court had relied on the prior decisions involving adjacent lands with similar characteristics (partly levelled and partly slopy). In Land Acquisition Case No. 166/88, compensation was awarded at Rs. 20 per square metre, and in Land Acquisition Case No. 136/93, it was enhanced to Rs. 30 per square metre. The High Court found that the acquired land was situated about 500 metres from the Airport road and had a katcha motorable road, and its nature was similar to the lands in the prior cases. The court held that the reference court's determination of market value at Rs. 30 per square metre was just and reasonable, and there was no infirmity in the impugned judgment. Consequently, the appeal was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Compensation - Market Value Determination - Land Acquisition Act, 1894, Sections 4, 18 - The reference court relied on two earlier decisions in Land Acquisition Case No. 166/88 and Land Acquisition Case No. 136/93, which had attained finality, to determine the market value of the acquired land at Rs. 30 per square metre. The High Court held that the reference court's reliance on these decisions was proper as the lands were adjacent and similar in nature, and the compensation awarded therein was just and reasonable. (Paras 5-7) B) Land Acquisition - Comparable Sales - Adjacent Land - Land Acquisition Act, 1894, Section 23 - The court considered the evidence that the acquired land was partly levelled and partly slopy, similar to the lands in the prior cases, and situated about 500 metres from the Airport road. The High Court found no infirmity in the reference court's conclusion that the market value of the acquired land was Rs. 30 per square metre. (Paras 6-7)
Issue of Consideration
Whether the reference court was justified in awarding enhanced compensation at Rs. 30 per square metre for the acquired land based on prior decisions in respect of adjacent lands.
Final Decision
The High Court dismissed the appeal, upholding the reference court's award of enhanced compensation at Rs. 30 per square metre, with no order as to costs.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Comparable Sales Method
- Section 4 Notification
- Section 18 Reference
- Finality of Prior Judgments
