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2014 Supreme(Bom) 2240
IN THE HIGH COURT OF BOMBAY AT GOA
U.V. Bakre, J.
Goa Industrial Development Corporation - Appellant
Vs.
Maria Tereza N. Quadros e Cruz Carvotta - Respondent
First Appeals Nos. 223, 229 and 232 of 2009
Decided On: 02.12.2014
Important Points
Subject
Property Law - Land Acquisition
Act Referred
Headnote
Land Acquisition - Land Acquisition Act, 1894 - Section 4 - 18 - 59/2008, 63/2008, 60/2008
Fact of the Case:
The judgment disposes of three appeals related to the acquisition of land for the construction of a missing link of National Highway 17-B in Loutolim village at Verna Industrial Estate of Salcete Taluka. The acquired land was classified as bharad land, and the compensation rates were disputed by the applicants, leading to three separate Land Acquisition Cases.
Finding of the Court:
The court found that the compensation awarded by the Reference Court was not just and reasonable and required reduction. It considered the evidence on record, including the availability of facilities and amenities, and the proximity of the acquired land to developed plots. The court also discussed the market value of the acquired land based on sale deeds and the need for land conversion.
Issues: The main issue was whether the compensation awarded by the Reference Court was just and reasonable or required reduction.
Ratio Decidendi: The court held that the deduction of 5% made by the Reference Court was not proper and should have been at least 20%. It fixed the market value of the acquired land at Rs. 594 per square metre in all the cases, and allowed the appeals partly in favor of the applicants.
Final Decision: The market value of the acquired lands in all the cases was fixed at Rs. 594 per square metre, and the applicants were entitled to receive all statutory benefits and costs. The impugned judgment and award were modified to that extent.
Advocate Appeared:
For the Appellant:H.D. Naik, Advocate
For the Respondent:A.F. Diniz, Advocate
U.V. Bakre, J.
1. This common judgment shall dispose of the above three Appeals as they pertain to similar type of land situated in the same locality, acquired vide the same notification published under Section 4 of the Land Acquisition Act, 1894 (L. A. Act, for short).
2. First Appeal No. 223/2009 arises out of the Judgment and Award dated 06.07.2009 passed by the learned District Judge-2, South Goa, Margao ('Reference Court' for short), in Land Acquisition Case No. 59/2008. First Appeal No. 229/2009 is directed against the Judgment and Award dated 06.08.2009 passed by the learned Reference Court in Land Acquisition Case No. 63/2008. Lastly, First Appeal No. 232/2009 is directed against the Judgment and Award dated 21.07.2009 passed by the learned Reference Court in Land Acquisition Case No. 60/2008.
3. Vide notification issued under Section 4 of the L. A. Act and published in the Official Gazette dated 23.11.2006 and lastly published at the concerned places through the Mamlatdar of Salcete on 11.12.2006, Government acquired land for construction of missing link of National Highway 17-B in Loutolim village at Verna Industrial Estate of Salcete Taluka.
4. FIRST APPEAL NO. 223/2009 : LAND ACQUISITION CASE NO. 59/2008.
The acquisition included the land of the applicant in Land Acquisition Case No. 59/2008, bearing survey numbers 227/7 (part), 228/1 (part) and 229/5 (part) of Loutolim Village. An area of 350 square metres was acquired from survey no. 227/7(part); an area of 577 square metres was acquired from survey no. 228/1(part); and an area of 369 square metres was acquired from survey no. 229/5. The learned Land Acquisition Officer( L.A.O., for short) classified the entire acquired land as bharad land and granted compensation at the rate of Rs. 50/- per square metre and also granted an amount of Rs. 24,891.30/- for the gadga wall of 100 metre length situated in survey no. 229/5. The applicant filed application under Section 18 of the L. A. Act before the L.A.O. thereby claiming compensation at the rate of Rs. 1000/- per square metre which gave rise to the Land Acquisition Case No. 59/2008. Accordingly, issues were framed by the Reference Court. The applicant examined her constituted attorney namely Estefania D'Cruz as AW1 and she produced sale deed dated 10.3.1997 as Exhibit 13 and sale deed dated 25.7.2007 as Exhibit 14. The applicant examined Shri Mahendra Kakule, an Engineer-cum-Registered Valuer, as AW2 who produced his valuation report at Exhibit 19. The respondents did not examine any witness. Upon consideration of the entire evidence on record, learned Reference Court enhanced compensation of the acquired land to Rs. 700/- per square metre and further awarded sum of Rs. 24,393.18/-towards the gadga wall of the length of 55 metres situated in acquired land from survey no. 227/7(part) and of the length of 43 metres situated in acquired land from survey no. 228/1(part). All statutory benefits have also been awarded.
5. FIRST APPEAL NO. 229/2009 : LAND ACQUISITION CASE NO. 63/2008.
The said acquisition also included land admeasuring 1363 square metres from survey no. 184/1 part of Loutolim Village belonging to the applicants in Land Acquisition Case No. 63/2008. The learned L.A.O. classified the land as bharad land and granted compensation at the rate of Rs. 50/- per square metre. Not being satisfied with the offer made by the L.A.O. the applicants filed the application under Section 18 of the L. A. Act before the L.A.O., thereby claiming compensation at the rate of Rs. 800/- per square metre, which gave rise to the Land Acquisition Case No. 63/2008. Accordingly, an issue was framed by the Reference Court. The applicants examined Alexander Araujo @ Alexander Perpetua Nascimento Araujo as AW1. He produced sale deed dated 25.7.2007 as Exhibit 17 and sale deed dated 10.3.1997 as Exhibit 18. The applicants also examined Shri Mahendra Kakule an expert as AW2 who produced his valuation report at Exhibit 22. The respondents did
