SPECIAL LAND ACQUISITION OFFICER SOUTH GOA KONKAN RAILWAY CORPORATION LIMITED Vs. HARI SHIVA NAIK GAONKAR

JUDGEMENT

(1.) THE appellants challenge Judgment and Award dated 30.10.1999, passed by the Additional District Judge III (South Goa), Margao in Land Acquisition Case No.206/95.

(2.) BY Notification dated 24.7.1991, issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter, referred to as the Act'), the Government acquired for Konkan Railway Corporation Ltd., large chunks of lands, situated at Nagarcem-Palolem in Canacona Taluka. An area of 400 sq. metres bearing Survey No.23/29, an area of 200 sq. metres bearing Survey No.22/10 and an area of 1900 sq. metres bearing Survey No.43/3 belonging to the respondents were part of the acquired lands. The lands in Survey No.23/29 and Survey No.22/10 were paddy fields and the land in Survey No.43/3 was bharad land. The Special Land Acquisition Officer, by his Award dated 9.12.1993, awarded Rs.9/- per sq. metre for paddy fields and Rs.17/- per sq. metre for the bharad land. The Special Land Acquisition Officer also awarded Rs.9,675/- towards fruit value and Rs.6163/- towards the wood value. The reference Court enhanced the compensation in respect of paddy fields from Rs.9/- per sq. metre to Rs.24/- per sq. metre, and in respect of the bharad land from Rs.17/- to Rs.32/- per sq. metres relying upon the Award dated 15th March, 1989 in respect of land acquired for an approach road to Talpona-Galgibag bridge in Canacona Taluka. The Award was in respect of an area of 1,34,400 sq. metres acquired by Notification dated 30/4/1986, issued under Section 4(1) of the Act.

(3.) MR. Afonso, learned Counsel appearing for the appellants submitted that the reference Court ought not to have awarded Rs.24/- per sq. metre in respect of the paddy fields inasmuch as the said lands had no building potential. The learned Counsel submitted that in any event, the reference Court ought not to have granted increase of 10% every year based on the Award dated 15th March, 1989. The learned Counsel further submitted that in connected matters arising out of the same notification, this Court has granted Rs.19/- per sq. metre for the paddy fields and, therefore, in any event, the compensation cannot exceed Rs.19/- per sq. metre. In so far as bharad land is concerned, the learned Counsel submitted that the reference Court could not have relied upon the earlier Award dated 15th March, 1989, which was in respect of Notification dated 30th April, 1986. It was further submitted that the reference Court ought not to have granted increase of 10% every year in respect of bharad land in the absence of evidence about increase in value of bharad lands by 10% every year. The learned Counsel further submitted that in any event, the amount of Rs.9,675/- awarded by the Special Land Acquisition Officer towards the fruit value has to be adjusted towards the total compensation payable to the respondents.