State of Goa vs Shri Agnelo Alcacoes

A.H. Joshi, J.—The State Government has filed this Appeal. The description of the land acquired is as follows:

The Government had acquired a portion of land admeasuring 100 square metres from survey No. 1/5 and 600 square metres from survey No. 15/1 of Village Velcao.

The acquisition was done by Notification u/s 4(1) of the Land Acquisition Act, which is dated 19.2.1988.

The Land Acquisition Officer granted compensation treating the market price of both the plots to be at the rate of Rs. 14/- per square metre. Accepting the compensation under protest the land owner claim enhancement by filing petition. The enhancement claim is at the rate of Rs. 200/- and Rs. 250/- per respective survey numbers.

Admitted background of the case is as follows:

(a) Both the plots were purchased by the land owner under Sale Deeds at Exhibit AW1/E and Exhibit AW1/B.

(b) The owner had paid price at the rate of Rs. 30/- per square metre for survey No. 1/5, and Rs. 40/- per square metre for survey No. 15/1, by the Sale Deeds dated 1.6.1983.

The reference Court has applied the rule of 10% increase per year in the price, and held as follows:

As stated earlier, the said sale deeds prove that the market rate of the property under survey No. 1/5 was Rs. 30/- per square metre and that the market rate of the property under survey No. 15/1 was Rs. 40/- per square metre, as in the year 1983. The Notification in the present case was issued in the year 1988, i.e. about 5 years after the date of purchase. Considering 10% rise in the prices of land per year, the market rate of the property under survey No. 1/5 works out to Rs. 50/- per square metre and the market rate of the property under survey No. 15/1 works out to Rs. 60/- per square metre and this being the case, the market rate of the land under survey No. 1/5 can be fixed at the rate of Rs. 50/- per square metre and the market rate of the land under survey No. 15/1 can be fixed at the rate of Rs. 60/- per square metre as on the date of Notification. Issue No. 1 is answered accordingly.

Though this appeal is filed, it is not shown as to why the principle of giving 10% rise or appreciation per year on the proved purchase price in existence five years prior to the Notification, is erroneous.

In this situation, the appeal is filed but it is without raising any agitable ground.

The appeal has no merit and is dismissed.