AI Structured Summary
Not yet generated for this judgment
Judgment
N.A. Britto, J.—Heard learned Counsel on behalf of the parties.
This appeal is directed against the judgment dated 19/03/2004 of the learned Reference Court, Margao in Land Acquisition Case No. 432/1995 by which the learned Reference Court has enhanced compensation payable from Rs. 4/- to Rs. 21/- per square metre. The land involved is 7940 square metres of Survey No. 155/5 of Loliem village in Canacona Taluka which was acquired for the construction of new broad gauge line for Konkan Railway vide notification published on Gazette dated 27/06/1991.
This Court in First Appeal No. 42/2005 by judgment dated 6/10/2010 in the case of Smt. Shrimati Vishwanath Acharya (since deceased by her legal representative) Madhav Vishwanath Acharya v. Special Land Acquisition Officer and Anr., has enhanced the compensation from Rs. 4/- per square metre to Rs. 21/- per square metre as the market value of the land without deducting the compensation paid for the trees in respect of Survey No. 180/1 and 172/1 of Loliem Village in Canacona Taluka acquired by the same notification published on Gazette dated 27/06/1991.
Similar lands situated in the same village acquired under the same notification need to be given same compensation, so as to avoid disparity in payment of compensation.
The Apex Court in several cases including the case of Printers House Pvt. Ltd. v. Mst. Saiyadan (deceased) by LR''s and Ors. 1994 SC 1160, has held that:
If ''Comparable Sales Method of Valuation of land'' is adopted for determining the market-value of an acquired plot of land, it generally holds good for determination of the market-value of several acquired plots of land if the acquisition of all such plots of land is made pursuant to the same preliminary Notification.
The applicants therefore would be entitled to compensation based on the judgment in the First Appeal No. 42/2005 at the rate of Rs. 21/- per square metre, with all consequential statutory benefits, which is also the amount ordered to be paid by the learned Reference Court.
In the light of that, nothing survives in this appeal and, consequently, the same is hereby dismissed. It is clarified that compensation at the rate of Rs. 21/- per square metre will not include the fruit/timber value paid separately under Clause secondly of Sub-section (1) of Section 23 of the Land Acquisition Act, 1894.