Case Note & Summary
The case involves two first appeals filed by the Defence Estates Officer against a common judgment and award of the learned Principal Senior Civil Judge, Deodar at Banaskantha, in Land Reference Case Nos.197 and 198 of 2017 (old Reference Case Nos.1/2005 and 2/2005). The land in question, Survey No.92 paiki 7 and other lands, was acquired for construction of an airfield. Notification under Section 4 of the Land Acquisition Act, 1894 was published on 3rd August 2009, followed by Section 6 notification on 10th November 2009. The Special Land Acquisition Officer passed an award on 11th June 2010, granting compensation at Rs.15.10 per sq.mtr. for irrigated land of some survey numbers and Rs.26.65 per sq.mtr. for others. Aggrieved, the original claimants sought a reference under Section 18, claiming compensation at Rs.750 per sq.mtr. The Reference Court, by judgment dated 18th February 2020, enhanced compensation to Rs.492 per sq.mtr. inclusive of the amount already awarded. The acquiring body appealed under Section 54 of the Act. The High Court noted that the Reference Court had not provided any evidence or reasoning for the enhancement. The claimants had not produced any sale instances or other material to justify the market value. The court held that the burden of proof lies on the claimant to establish the market value, and in the absence of evidence, the compensation awarded by the Special Land Acquisition Officer should not be disturbed. However, considering the potential of the land and the purpose of acquisition, the court reduced the compensation to Rs.200 per sq.mtr. The appeals were allowed, and the impugned judgment was modified accordingly.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Section 23, Land Acquisition Act, 1894 - Claimants sought enhancement from Rs.15.10/26.65 per sq.mtr. to Rs.750 per sq.mtr. for irrigated land acquired for airfield construction - Reference Court awarded Rs.492 per sq.mtr. without proper evidence of comparable sales or potential value - Held that enhancement was excessive and not supported by evidence, reducing compensation to Rs.200 per sq.mtr. (Paras 1-5).
Issue of Consideration
Whether the Reference Court was justified in enhancing compensation from Rs.15.10/26.65 per sq.mtr. to Rs.492 per sq.mtr. without adequate evidence?
Final Decision
Appeals allowed. Impugned judgment and award modified. Compensation reduced from Rs.492 per sq.mtr. to Rs.200 per sq.mtr. for both survey numbers. Other statutory benefits as per law.
Law Points
- Compensation for land acquisition must be based on market value as on date of Section 4 notification
- burden of proof on claimant to establish higher value
- reference court cannot award compensation without proper evidence
