Anjani Molu Dessai vs State Of Goa & Anr

2. AW-1 (power of attorney holder of the appellant) has given evidence stating that the acquired lands are level lands, fit for construction; that all amenities and facilities including a market, a school, a hospital, temple and the village panchayat office are situated within a distance of half kilometer; that there is an access road right upto the acquired lands and the bus stop is also within half a kilometer; that electricity, water and telephone facilities are available for the acquired lands; and that there are houses within a distance of 50 meters from acquired lands. He has also stated that the acquired lands are orchard lands with coconut, cashew, mango, jackfruit and other trees, with houses and a well. The Land Acquisition Collector has also confirmed in the Award that the lands are situated in Balli village; that the major portion of the lands with several structures and a well, lies on the eastern side of National Highway from Margao to Karwar. The award also states that the major portion of acquired lands is bharad (orchard) land consisting of cashew, coconut and other fruit bearing trees and some small portions are paddy fields.

4. The Land Acquisition Collector has relied upon two sale transactions in his award to arrive at the market value of the acquired lands.

4.2) The second sale deed relied upon by the Collector is dated 30.1.1990 and related to the sale of 7600 sq.m. of land in survey No.77 of Balli Village situated at a distance of one km from the acquired land, sold at the rate of Rs.3 per sq.m. As there was a gap of about 18 months between the date of the said sale deed and the date of preliminary notification, the collector provided a cumulative rate of 14.5% per annum over Rs.3/- and arrived at the market value on 30.7.1991 as Rs.3.82 per sq.m.

5. The Collector next averaged the said two rates derived from the sale prices under the two sale deeds (that is, Rs.32.24 per sq.m. and Rs.3.82 sq.m.) and arrived at the market value for bharad type of land as Rs.18 per sq.m. However, as the Collector had separately valued and awarded compensation for the trees (that is Rs.24,14,677/- for the entire 3,65,375 per sq.m. acquired) he was of the view that the average value of trees per sq.m. would be around Rs.6/- and that should be deducted from the said market value of Rs. 18 per sq.m. He thus awarded compensation at the rate of Rs.12 per sq.m. for the bharad land. Thereafter he determined the rate of paddy lands as Rs.6/- per sq.m.

7.2) The second Sale Deed dated 7.3.1991 was in respect of a small area measuring 28 m. x 32 m. (896 sq.m.) which was carved out of a residential property situated within the village abadi of Balli, adjoining the Government Hospital. It was purchased for the purpose of construction of shop. The acquired lands are agricultural orchard lands situated away from the village abadi area. Therefore the said sale deed does not relate to a comparable land.

Conclusion

15. The appellant will thus be entitled to compensation at the rate of Rs.57.50 per sq.m. in respect of bharad land without any additional or separate compensation for trees. The appellant will be entitled to compensation at the rate of Rs.50/- per sq.m.

16. We, accordingly, allow this appeal in part as follows: