Case Note & Summary
The petitioners, co-owners of land in Village Sal, Bicholim Taluka, filed a writ petition seeking a direction to the respondents (Special Land Acquisition Officer and Executive Engineer) to pay enhanced compensation awarded to one of the co-owners in respect of the acquired property. The land was acquired under the Land Acquisition Act, 1894, by notifications dated 08.08.1991 and 15.11.1991 for rehabilitation and construction of Sal Distributory. The Land Acquisition Officer made awards dated 26.03.1993 and 06.04.1993 fixing compensation at Rs.5 per sq m. Dissatisfied, one co-owner sought a reference under Section 18, and the Civil Judge enhanced compensation to Rs.20 per sq m. The petitioners, who own 1/4th share, requested payment of the enhanced compensation, but the respondents refused by letters dated 14.11.2012 and 03.12.2012, stating that the award was not accepted by all co-owners. The petitioners then approached the High Court. The Court held that the right to compensation is a joint right and each co-owner is entitled to their share. The respondents' refusal was arbitrary and unjustified. The Court allowed the petition, directing the respondents to pay the petitioners compensation at Rs.20 per sq m for their 1/4th share within three months, with all other benefits.
Headnote
A) Land Acquisition - Enhanced Compensation - Co-owners' Entitlement - Land Acquisition Act, 1894, Sections 4, 11, 12, 31 - The petitioners, co-owners of land acquired under the Land Acquisition Act, 1894, sought a writ of mandamus directing the respondents to pay enhanced compensation at Rs.20 per sq m for their 1/4th share, which had been awarded to another co-owner in a reference under Section 18. The respondents refused payment on the ground that the award was not accepted by all co-owners. The Court held that the right to compensation is a joint right and each co-owner is entitled to their share, and the respondents cannot withhold payment merely because some co-owners did not accept the award. The Court directed payment of the enhanced compensation to the petitioners for their 1/4th share. (Paras 2-10) B) Land Acquisition - Writ of Mandamus - Payment of Compensation - Land Acquisition Act, 1894, Sections 4, 11, 12, 31 - The Court considered whether a writ of mandamus could be issued to compel the respondents to pay the enhanced compensation. The Court held that the respondents' refusal to pay based on the non-acceptance by other co-owners was arbitrary and unjustified, and a writ of mandamus was appropriate to direct payment of the petitioners' share. (Paras 8-10)
Issue of Consideration
Whether the petitioners, as co-owners of the acquired land, are entitled to payment of enhanced compensation awarded to one of the co-owners in respect of the acquired property, and whether the respondents can refuse payment on the ground that the award was not accepted by all co-owners.
Final Decision
The petition is allowed. The respondents are directed to pay to the petitioners compensation at the rate of Rs.20 per sq m in respect of 1/4th share of the property Survey No.130/0 within three months from today along with all other benefits.
Law Points
- Land Acquisition Act
- 1894
- Section 4
- Section 11
- Section 12
- Section 31
- Section 48
- Right to compensation
- Co-owners' entitlement
- Enhanced compensation
- Writ of mandamus
