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ARAVIND KUMAR, J. K. MAHESHWARI
Executive Engineer, Works Division, PWD – Appellant
Versus
Fregrenando Alex Nunes – Respondent
| Table of Content |
|---|
| 1. overview of appeals regarding land compensation (Para 1 , 2) |
| 2. background on land acquisition process (Para 4) |
| 3. arguments on compensation valuation (Para 5 , 6) |
| 4. determination of fair compensation and enhancements (Para 8 , 12) |
| 5. legal principles for determining market value (Para 9 , 10 , 11) |
| 6. final ruling on appeals (Para 13) |
ORDER :
1. These two appeals are directed against the judgment passed by the High Court of Judicature at Bombay at Goa in First Appeal No. 95 of 2014 with Cross Objection No. 3 of 2014 whereunder the appeal filed by the State and the cross objection filed by the land owners (for short 'claimants') came to be dismissed and the Reference Court judgment dated 12.2.2013 whereby the compensation was fixed at Rs.1,000/- per square meter by modifying the award passed by the Land Acquisition Officer dated 11.2.2002 under which the compensation was fixed at Rs.30/- per square meter has been affirmed.
2. The State by contending that the compensation enhanced by the Reference Court which has been affirmed by High Court has preferred Civil Appeal No.6297 of 2025 and the land owners have filed Civil Appeal No.6296 of 2025 challenging the common judgmen
Acquisition of land – In given case even a sale deed of comparable sales of small areas also can be considered by giving suitable deductions while fixing market value.
Assessment is to ensure that land owner gets fair compensation and his claim is not fanciful or imaginary. In assessing a sale transaction, what is paramount to assess is, whether it was the price of....
The court relied on post-Section 4 notification sale instance and evaluated plus and minus factors to determine compensation rates.
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
The burden of proof lies with claimants to establish a higher market value than that fixed by the Reference Court, which was upheld as reasonable.
The court upheld the Reference Court's enhancement of compensation for acquired lands, affirming the reliance on sale deeds and evidence as just and reasonable.
Compensation for land acquisition must reflect fair market value, as evidenced by relevant sales statistics, ensuring just compensation to claimants.
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