ANKUSH PANDURANG HALARNKAR Vs. MANAGING DIRECTOR, GOA STATE INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) This is an appeal at the instance of the original applicants seeking further enhancement of the compensation from Rs.45.00 per square metre awarded by the learned Reference Court by the impugned judgment dtd. 31/8/2009 with all the statutory benefits. The land in an area of 6300 square metres was acquired by the Government pursuant to the Sec. 4 Notification dtd. 17/6/2004 for the purpose of an approach road to Ozorim bridge. The Land Acquisition Officer had awarded the compensation of Rs.39.00 per square metre pursuant to his Award dtd. 8/1/2007. The learned Reference Court in the Sec. 18 reference enhanced the compensation to Rs.45.00 per square metre by the impugned judgment and award dtd. 31/8/2009.

(2.) Shri G. Shirodkar, learned Advocate for the appellants contended that the Land Acquisition Officer ("the LAO" for short hereinafter) had collected the data and on that basis considered the sale deed dtd. 30/4/2002 and after recording his findings on the existence of various amenities and facilities to the acquired land and holding that it fell in the settlement zone, had awarded the compensation of Rs.39.00 per square metre. The Government had issued the Notification dtd. 5/2/2009 pursuant to which the rate fixed in Pirna village was Rs.250.00 per square metre. The learned Reference Court had come to a finding at para 7 of the impugned judgment that the land was level with some houses and besides that it was situated in Bardez Taluka but had granted the enhancement by a meagre amount of Rs.6.00 per square metre by enhancing the compensation to Rs.45.00 per square metre. He placed reliance in Lal Chand vs. Union of India [2009 ALL SCR 2400] and pressed for the enhanced compensation of Rs.100.00 per square metre.

(3.) Shri D. Pangam, learned Advocate for the respondents submitted that based on the case of the applicant himself which in turn was by placing reliance on the sale statistics procured by the Mamlatdar at the instance of the LAO, the rate shown for Pirna village was Rs.30.00 per square metre. There was no basis for the applicant to advert to the Notification of 2009. The LAO had given enhancement by 30% though he had recorded 10% increase while taking the sale instance of 30/4/2002. There was no basis to fall back on the Notification which was primarily for collecting the revenue. It was his further contention that in case the sale deed of 2002 was considered, then considering the vastness of the acquired land, a deduction of 30% was required to be made and in which event the market rate of the acquired land would be below Rs.39.00 per square metre as awarded by the LAO. His argument in the alternative was that the rate fixed by the Government Notification in Pirna area at Rs.250.00 per square was restricted to an area of 1000 square metres. He next adverted to the Appendix to such Notification and inviting attention to the different zones submitted that there was required a deduction ranging from 15% to 35% depending on the settlement zone in which the land was situated as S1, S2, S3 or S4.