GOA HOUSING BOARD versus RAMESHCHANDRA GOVIND PAWASKAR & ANR.

GOA HOUSING BOARD versus RAMESHCHANDRA GOVIND PAWASKAR & ANR.

Compensation for the acquired land, vested in a tenant under the Tenancy Act and subject to a statutory bar against non-agricultural use, must be computed based only on the value as agricultural land. Notifying land for industrial use in a planning instrument does not effect conversion; absent conversion under the Land Revenue Code, the land remains agricultural. Thus, compensation was fixed at 50% of the market value of comparable land with development potential.

Parties
Appellant: Goa Housing Board; Respondent: Rameshchandra Govind Pawaskar
Jurisdiction
India
Judgment Date
11 October 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment on Compensation Under Land Acquisition
Outcome
Appeal by Goa Housing Board allowed; compensation reduced. Appeal by landowner for enhancement dismissed.
Legal Topics
Land Acquisition, Compensation Determination, Agricultural Tenancy, Regulation of Land Use
Land Law Compensation Administrative Law Land Acquisition Compensation Determination Agricultural Tenancy Regulation of Land Use

Case Brief

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Parties

Goa Housing Board

Appellant

Rameshchandra Govind Pawaskar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment on Compensation Under Land Acquisition

Legal Issues

  1. 1 Whether compensation for acquisition of land vested in a tenant under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 should be determined based on its agricultural use or potential for non-agricultural development.
  2. 2 Whether lands shown as marked for non-agricultural use in regional plans but not converted lose their agricultural character for the purpose of compensation.
  3. 3 Whether statutory covenants restricting land use affect compensation determination.

Ratio Decidendi

Compensation for the acquired land, vested in a tenant under the Tenancy Act and subject to a statutory bar against non-agricultural use, must be computed based only on the value as agricultural land. Notifying land for industrial use in a planning instrument does not effect conversion; absent conversion under the Land Revenue Code, the land remains agricultural. Thus, compensation was fixed at 50% of the market value of comparable land with development potential.

Court Disposition

Appeal by Goa Housing Board allowed; compensation reduced. Appeal by landowner for enhancement dismissed.

Orders

  • Compensation for the relevant land fixed at Rs.55 per sq. m. (for acquisition under first notification) instead of Rs.100 per sq. m. and Rs.45 per sq. m. (for acquisition under the 1991 notification) instead of Rs.140 per sq. m.
  • Respondent entitled to statutory benefits as awarded by the High Court under section 23(1A), 23(2), and 28 of the Land Acquisition Act, 1894.