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Judgment
S.
No.","First
Appeal No.",LAC No.,"Survey
No.","Area
Acquired","Compens
ation
granted by
the LAO
(per sqm.)","Compensati on
granted by the
Reference
Court (per
sqm.)",Remarks
1.,313/2008,05/2007,67/15,231 sqm.,Rs.8/-,Rs.15/-,Tenanted
,,,67/18,175 sqm.,Rs.8/-,Rs.15/-,
,,,67/28,110 sqm.,Rs.8/-,Rs.15/-,
,,,,,,,
2.,314/2008,40/2006,59/6,2900 sqm.,Rs.8/-,Rs.30/-,Freehold
,,,59/7,375 sqm.,Rs.5/-,Rs.20/-,
,,,60/4,1550 sqm.,Rs.70/-,Rs.100/-,
,,,,,,,
3.,205/2009,06/2007,21/12,931 sqm.,Rs.8/-,Rs.15/-,Tenanted
square metre and thus, the compensation at the rate of Rs.8/- per square metre paid was inadequate and therefore, enhanced the same to Rs.15/- per",,,,,,,
square metre. I do not find that the enhancement can be said to be excessive or exorbitant by any standards. Shri Kakule, who is a registered",,,,,,,
Valuer and Surveyor had inspected the land in January, 2002 and in the opinion of Shri Kakule, the fair market rate in the year 2001 would be Rs.130/-",,,,,,,
per square metre. It is true that the respondents did not lead any specific evidence of loss of agricultural income. However, it has come on record",,,,,,,
that the lands acquired are paddy fields, where the respondents were taking mixed crop twice annually. The fact that the lands which were subject",,,,,,,
matter of the award Exhibit-C/16 was closer to all civic amenities than the lands, which are subjects matter of the present appeals and further having",,,,,,,
regard to the fact that, when the award Exhibit-C/16 was passed, the Act of 1991 was not in force, would require some discounting in",,,,,,,
price/compensation granted in award Exhibit-C/16. It may be noted in this regard that as against the compensation of Rs.40/- per square metre to,,,,,,,
Rs.50/- per square metre in the year 1987, the compensation which is enhanced in the present case is only Rs.15/- per square metre. It is trite that",,,,,,,
assessment of compensation involves a reasonable degree of guess work, which is inevitable. It is true that the Act of 1991 prohibits the use of the",,,,,,,
land (which has vested in a tenant, under the provisions of the Agricultural Tenancy Act) being put to any use, other than agricultural use. However,",,,,,,,
that does not mean that there is no escalation of the price of the agricultural land. I do not find that the compensation enhanced is exorbitant.Â,,,,,,,
FA 314/2008:,,,,,,,
Admittedly, the three properties in this appeal being Survey Nos. 59/6, 59/7 and 60/4 are freehold lands. Out of the said lands, 2,900 square metres",,,,,,,
of land from out of Survey No. 59/6, the compensation has been enhanced from Rs.8/- per square metre to Rs.30/- per square metre, while for 375",,,,,,,
square metres of land, from out of Survey No. 59/7, the compensation is enhanced from Rs.5/- per square metre to Rs.20/- per square metre and",,,,,,,
lastly, for 1,550 square metres from out of Survey No. 60/4, the compensation is enhanced from Rs.70/- per square metre to Rs.100/- per square",,,,,,,
metre.Â,,,,,,,
The enhancement claimed before the Reference Court by the respondents was Rs.500/- per square metre for the land Survey No. 60/4 and,,,,,,,
Rs.400/- per square metre for the paddy fields i.e. land surveyed under Survey Nos. 59/6 and 59/7. Incidentally, the land bearing Survey No. 60/4 is a",,,,,,,
coconut grove, while the other two lands are paddy fields, situated at the outskirt of the Margao city. In the present case also, reliance was placed",,,,,,,
on the award of the year 1987, where the compensation was enhanced to Rs.40/- per square metre to Rs.50/- per square metre. The Reference",,,,,,,
Court has noticed that the sale deed produced shows the price of the land situated in the vicinity of the acquired land was around Rs.480/- per square,,,,,,,
metre. The Reference Court also found that the land had a potential for being used for commercial and residential purpose and the land was having,,,,,,,
civic amenities such as water, electricity, telephone, road etc. It has also been found that other amenities such as hospitals, Courts, schools colleges,",,,,,,,
banks etc. are available within a radius of one kilometre. The SGPDA market and the Kadamba bus stand of Margao are at a distance of about,,,,,,,
700 metres. The Reference Court had refused to go by the sale deed, where the land was shown to be sold for Rs.480/per square metres, on the",,,,,,,
ground that the said price was offered for a developed plot. In that view of the matter, the compensation in respect of the Survey No. 59/6 was",,,,,,,
enhanced from Rs.8/- per square metre to Rs.30/- per square metre and in respect of land Survey No. 59/7, it was enhanced from Rs.5/- per square",,,,,,,
metre to Rs.20/- per square metre and lastly, in respect of the land Survey No. 60/4 (which is said to be a coconut grove and where the Reference",,,,,,,
Court found that no evidence was produced regarding the age and the yield of 100 coconut trees standing in the said land), the compensation was",,,,,,,
enhanced from Rs.70/- per square metre to Rs.100/- per square meter. As noticed earlier, all the three survey numbers in the present First Appeal",,,,,,,
No. 214/2008, are freehold lands and the compensation granted, cannot be said to be excessive by any standards.",,,,,,,
In the result, the appeals are without any merit and are accordingly dismissed, with no order as to costs.",,,,,,,
Decree be drawn accordingly.,,,,,,,