Case Note & Summary
The case arises from a land acquisition proceeding initiated by the Government of Goa for public purposes. The Deputy Collector (Dev) & Land Acquisition Officer and the Chief Town Planner appealed against the Judgment and Award dated 16/11/2005 passed by the Reference Court in Land Acquisition Case No.30/1991, which fixed compensation at Rs.306 per square metre for the acquired land admeasuring 20210 sq.metres from property surveyed under nos. 132/3, 132/4, 135/1 and 141/2 situated at Miramar, Panaji City. The notification under Section 4 of the Land Acquisition Act, 1894 was issued on 18/2/1982. The respondents (original claimants) sought enhancement of compensation under Section 18 of the Act. The Reference Court partly allowed the reference and fixed compensation at Rs.306 per sqm. The appellants contended that the compensation was excessive and that the Reference Court erred in relying on a sale deed (Exh. A-24) dated 30/12/1980 for adjacent land at Rs.250 per sqm without making deductions for development. The respondents supported the award. The High Court examined the evidence, particularly the sale deed of adjacent land, and found it to be a reliable comparable instance. The court noted that the acquired land was situated in a prime area of Panaji City, had building potential, and was already developed. Applying a 10% escalation per year from the date of the sale deed (30/12/1980) to the date of notification (18/2/1982), the court arrived at Rs.306 per sqm, which matched the Reference Court's award. The court rejected the appellants' argument for deduction, holding that no deduction was warranted as the land was fully developed. Consequently, the appeal was partly allowed, and the compensation was maintained at Rs.306 per sqm. The court directed that the enhanced compensation be paid with all statutory benefits under the Land Acquisition Act, including solatium and interest.
Headnote
A) Land Acquisition - Market Value Determination - Comparable Sale Method - Section 23, Land Acquisition Act, 1894 - The court considered the sale deed of adjacent land (Exh. A-24) dated 30/12/1980 at Rs.250 per sqm as a comparable instance, applied 10% escalation per year to arrive at Rs.306 per sqm as on the date of notification (18/2/1982) - Held that the Reference Court's reliance on the sale deed was proper and the compensation fixed at Rs.306 per sqm is just and reasonable (Paras 5-8). B) Land Acquisition - Deduction for Development - Section 23, Land Acquisition Act, 1894 - The court rejected the appellants' argument for deduction towards development costs, noting that the acquired land was already developed and situated in a prime area of Panaji City - Held that no deduction is warranted as the land had potential for building purposes (Para 7).
Issue of Consideration
Whether the compensation awarded by the Reference Court at Rs.306 per square metre for the acquired land is just and proper, and whether the appellants are entitled to a reduction in compensation.
Final Decision
The appeal is partly allowed. The compensation fixed by the Reference Court at Rs.306 per square metre is maintained. The appellants are directed to pay the enhanced compensation with all statutory benefits under the Land Acquisition Act, including solatium and interest.
Law Points
- Market value determination
- Comparable sale method
- Deduction for development
- Section 23 Land Acquisition Act
- 1894
- Section 18 Land Acquisition Act
