STATE OF GOA Vs. GOPAL BABURAO GAUDO

JUDGEMENT

(1.) Acquisition proceedings were initiated in regard to several lands including Survey No. 85 of Curti Village belonging to the respondents under preliminary notification dated 14.2.1991 for construction of Panda By-pass road. The Land Acquisition Officer awarded compensation at the rate of Rs. 7/- per sq.m. The Reference Court increased the compensation to Rs. 154/- per sq.m. The High Court did not disburse the amount awarded by the Reference Court, as it found that in an appeal arising from the award in LAC No. 48/1995 relating to a comparable land compensation at a higher rate had been awarded at the rate of Rs. 200/- per sq.m. Leave is sought to challenge the said judgment of the High Court dismissing the appeal of the petitioner.

(2.) The petitioner alleges that the acquired land measuring 2715 sq. meters, was a narrow strip which fell within the 40 meters margin from the centre of the highway where constructions were prohibited. It is contended that as the acquired land could not be used for construction, the land had to be considered as not having any development potential; and that therefore it could not be compared with the land (which was the subject matter of LAC No. 48/1995) for which compensation had been determined having regard to its potential for development. It was also contended that being a narrow strip it was also not of much use even for agriculture purposes.

(3.) A long strip of land measuring more than two-third of an acre lying alongside and adjoining the Highway cannot be treated as a land without value or without any potential for development, merely on the ground that the law relating to Highways prohibited construction on either side of the Highway, upto a depth of 40 meters from the centre of the Highway. All that was required to create or realize potential of such land was to annex or merge the said strip of land with the land to its rear. In that event, the strip of land will become the 'access' to the rear-side land from the main road and will also become the frontage of the aggregate land, thereby enhancing the potential and value of the rear-side land, as also creating a potential for its own use. The contention that a land adjoining the Highway should be treated as having no development potential (and therefore as land without much value except as ordinary agricultural land), while considering the lands to its rear which are farther away from the road, or other adjoining lands of the same extent, but having more depth (so as to extend beyond the 40 meters margin) as having potential for development, is illogical and cannot be accepted.