Case Note & Summary
The case pertains to an appeal filed by the Executive Engineer, Works Division XVIII (Roads), P.W.D., Ponda, Goa, challenging the order dated 12.9.2011 passed by the learned Ad-hoc District Judge-1, North Goa at Panaji in Land Acquisition Case No. 35/2010. The respondent, Ulhas Gopinath Raikar, owned 140 square metres of land in survey no. 43/7 at Madkai Village, Ponda Taluka, which was acquired for the construction of a road from main road Madkai, Tonca to Satki Lake in V.P. Madkai. The Land Acquisition Officer issued notification under Section 4(1) on 29.12.2005 and under Section 6 on 18.8.2006. The award was passed on 31.12.2007, granting compensation at Rs.58/- per square metre. Possession was taken on 6.09.2010 after payment. Aggrieved, the respondent made a reference under Section 18 of the Land Acquisition Act, claiming that the land had building potential and similar land in the locality was sold at Rs.300/- per square metre. The Reference Court enhanced the compensation to Rs.202/- per square metre. The appellant challenged this enhancement, arguing that the Reference Court erred in relying on sale instances that were not comparable and that the land was agricultural. The High Court examined the evidence, including sale deeds of adjacent lands, and found that the Reference Court had correctly applied the comparable sale method and considered the building potential. The High Court held that the enhancement was justified and dismissed the appeal, confirming the compensation at Rs.202/- per square metre.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894, Section 18 - The Reference Court enhanced compensation from Rs.58/- to Rs.202/- per sq.m. based on sale instances of similar land in the locality and the building potential of the acquired land. The High Court upheld the enhancement, finding no error in the Reference Court's approach. (Paras 1-10) B) Land Acquisition - Comparable Sale Method - Potential of Land - Land Acquisition Act, 1894, Section 23 - The court considered sale deeds of adjacent lands with similar potential and location to determine market value. The High Court held that the Reference Court correctly applied the comparable sale method and considered the building potential. (Paras 6-10)
Issue of Consideration
Whether the Reference Court was justified in enhancing the compensation from Rs.58/- per square metre to Rs.202/- per square metre for the acquired land.
Final Decision
The High Court dismissed the appeal and confirmed the order of the Reference Court enhancing compensation to Rs.202/- per square metre.
Law Points
- Land Acquisition
- Compensation Enhancement
- Market Value Determination
- Comparable Sale Method
- Potential of Land
