Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Goa Land Use (Regulation) Act 1991 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Goa Land Use (Regulation) Act, 1991:Object of its enactment - Discussed. ss.2, 13 - Compensation - Determination of - Acquisition of 358730 sq.m. of land - LAO determined compensation @ Rs. 18 per sq.m. which was affirmed by reference court - High Court awarded Rs.100 per sq.m. as compensation - On appeal, held: The acquired land vested in the respondent who was the tenant under the provisions of the Tenancy Act, therefore, the respondent could not have used the land for any purpose other than agriculture or even allow anyone else to use the same for any purpose other than E agriculture - In view of permanent restriction regarding user and the bar in regard to any non-agricultural use, the acquired land would have to be valued only as an agricultural land and ยท could not be valued with reference to sales statistics of other nearby lands which had the potential of being used for urban F development - Merely by notifying the regional plan showing certain agricultural lands as earmarked for industrial purpose, those lands would not cease to be agricultural lands - At least 50% would have to be deducted from market value of freehold land with development potential to arrive at market value of such land which could be used only for agricultural purposes - Market value of neighbouring land being Rs.1101- per sq.m., appropriate compensation for acquired land would be 50% thereof, that is Rs.55 per sq.m. - Goa, Daman and Diu Agricultural Tenancy Act, 1964. Land acquisition - Compensation - Determination of, in respect of similarly situated land in the same area - Held: Similarly situated land in the same area, having the same advantages and acquired under the same notification should be awarded the same compensation - But if an acquired land is subject to a statutory covenant that it can be used only for agriculture and cannot be used for any other purpose necessarily it will have to be sold as agricultural land as the land owner cannot sell it for any purpose other than agriculture and the purchaser cannot sell it for any purpose other than agriculture. Land acquisition - Vacant land vis-a-vis land in possession of long term lessee - Compensation - Determination of. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 738 |
Petitioner | Goa Housing Board |
Respondent | Rameshchandra Govind Pawaskar & Anr. |
SCR | [2011] 14 S.C.R. 735 |
Judgement Date | 2011-10-11 |
Case Number | 8540 |
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