Land Acquisition Act, 1894: s. 4 – Land acquisition – Market value/Compensation – Determination of – Held: While determining the market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration – On facts, in respect of land acquired by notification 16.05.1981, claimant justified in seeking compensation of Rs.15,402/- per acre – Reliance placed upon the judgment and award passed by the Reference Court awarding compensation at Rs.15,402/- per acre, in another case with respect to the acquisition of the land of the very same village, by notification dated 19.12.1981, considering the sale deed exemplar dated 23.12.1980 – Time gap between two notifications u/s. 4 only seven months and there were no material changes during the said period – Furthermore, judgment and award passed by the Reference Court in that case determining the compensation at Rs.15,402/- per acre has attained the finality and the State has accepted the same, thus, the appellants entitled to compensation at Rs.15,402/- per acre.
Allowing the appeal, the Court
HELD: In the instant case, notification under Section 4 of the Land Acquisition Act, 1894 has been issued on 16.05.1981 by which the High Court has determined the compensation at Rs.7,100/- per acre. However, with respect to the land acquired of the very same village for which the notification under Section
4 of the Act was issued on 19.12.1981, the Reference Court in another case determined and awarded the compensation at Rs.15,402/- per acre. Having gone through the judgment and award passed by the Reference Court in another case determining the compensation at Rs.15,402/- per acre, the Reference Court had considered the sale deed exemplar of the year 1978. Therefore, it is not the case that in another case the sale deed exemplar relied upon was for the period between 16.05.1981 (acquisition of the land in the instant case) and 19.12.1981 (date of acquisition in another case). As per the settled preposition of law while determining the market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration. In the instant case, time gap between two notifications under Section 4 of the Act is only seven months. Nothing has been pointed out with respect to any material changes for the period between 16.05.1981 and 16.12.1981, time gap between the two notifications under Section 4 of the Act. The judgment and award passed by the Reference Court in that case determining the market value/compensation at Rs.15,402/- per acre has attained the finality and the State has accepted the same by withdrawing the appeal against the said judgment and award. Therefore, in the instant circumstances, the appellants would be entitled to the compensation at Rs.15,402/- per acre with all other statutory benefits. The impugned judgment and order passed by the High Court is hereby modified. [Para 7, 8][437-D-H; 438-AD]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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