Supreme Court - Daily Orders
Assistant Defence Estates Officer vs Communidade Of Cotombi . on 10 August, 2023
Bench: Bela M. Trivedi, Dipankar Datta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8749/2013
ASSISTANT DEFENCE ESTATES OFFICER ..... APPELLANT(S)
VERSUS
COMMUNIDADE OF COTOMBI & ANR. ..... RESPONDENT(S)
O R D E R
The present appeal is directed against the impugned judgment and order dated 15.07.2011 passed by the High Court of Bombay at Goa in First Appeal No. 331 of 2006, whereby the High Court had dismissed the appeal filed by the present appellant.
We have heard Mr. Vikramjeet Banerjee, learned Additional Solicitor General appearing on behalf of the appellant.
None is present for the respondents.
In the instant appeal, the notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short "the Act") was issued on 21.06.1990 and the declaration under Section 6 thereof was made on 11.04.1991.
The Deputy Collector & Land Acquisition Officer, had declared the award under Section 11 of the Act on 29.09.1992, awarding Signature Not Verified compensation Digitally signed by SWETA BALODI Date: 2023.08.12 for the acquired land at Rs.12 per sq. metre, 12:50:14 IST Reason:
alongwith statutory benefits (including solatium and additional amount).2
On the Reference being made under Section 18 of the Act, the Reference Court vide order dated 13.08.2006, increased the compensation from Rs.12 per sq. metre to Rs.30 per sq. metre and also granted statutory benefits on the enhanced compensation.
Being aggrieved by the said award, the appellant preferred an appeal being F.A. No. 331/2006 before the High Court, which was dismissed vide the impugned judgment and order dated 15.07.2011.
Having heard the learned Additional Solicitor General and having gone through the impugned judgment and order of the High Court, it appears that the High Court has taken into consideration the oral as well as the documentary evidence on record, as also the concession made by the Assistant Solicitor General on behalf of the appellant(s) that in Land Acquisition No.91/1990 an award was passed by the Reference Court on 20.04.1993 in which compensation was fixed at Rs.30 per sq. metre and the appeal arising out of the said award was dismissed by the High Court. The High Court also observed that the land acquired in the said proceedings was comparable with the land acquired in the present proceedings and maintained the compensation awarded by the Reference Court.
Learned Additional Solicitor General appearing on behalf of the appellant has failed to point out any error in the judgment and order passed by the High Court. Under the circumstances, we are not inclined to interfere with the impugned judgment.
It has been pointed out that the proceedings under Section 30 of the Act regarding apportionment of compensation amongst the respondents, is pending, however, we are not concerned with the said issue/dispute in the instant appeal. 3 The appeal is dismissed.
Pending application(s), if any, shall stand disposed of.
..................J. (BELA M. TRIVEDI) ..................J. (DIPANKAR DATTA) NEW DELHI;
AUGUST 10, 2023.4
ITEM NO.103 COURT NO.15 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 8749/2013
ASSISTANT DEFENCE ESTATES OFFICER Appellant(s)
VERSUS
COMMUNIDADE OF COTOMBI . & ANR. Respondent(s)
Date : 10-08-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE DIPANKAR DATTA For Appellant(s) Mr. Vikramjeet Banerjee, A.S.G. Mr. R Bala, Sr. Adv.
Mr. Abhishek Kumar, Adv.
Mr. Sachin Sharma, Adv.
Mr. Wasim Qadri, Adv.
Mr. Arvind Kumar Sharma, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)