Land Acquisition Act, 1894:
s. 11 – Acquisition of land – Compensation – Determination of, after classifying the land into three categories viz. ‘Jirayat’, ‘Bhagayat’ and ‘Pot Kharab’ lands – Rate of compensation enhanced by civil court in reference u/s. 18 – In appeal by State, High Court reduced the compensation as regards ‘Jirayat’ and ‘Bhagayat’ lands while enhancing the compensation as regards ‘Pot Kharab’ land – Appeal to Supreme Court by some of the landowners challenging the order whereby compensation rate was reduced – Held: High Court rightly appreciated the evidence i.e. three sale deeds filed by the State and three sale deeds filed by the landowners for determining the market value – The marginal reduction of rates in two types of land cannot be faulted with.
Dismissing the appeals, the Court
HELD : 1. The High Court rightly appreciated the evidence and especially the 3 sale deeds filed by the State and 3 sale deeds filed by the landowners for determining the market value of the acquired land. [Para 21] [1111-F]
2. It is not correct to say that since the land in question was an agricultural land and, therefore, price of small piece of land can be taken into consideration for determining the large chunk of land. [Para 28] [1113-B]
3. The relevant sale deed to determine the market value of the suit land is (EX- 141). It is very near to the date of acquisition (03.03.1994); and it is for a larger chunk of land. If relince is placed only upon Ex-141, then perhaps the determination made by the High Court in relation to two kinds of land can still be reduced. Since the State has not filed any appeal against the order of the High Court and on the other hand has accepted the determination made by the High Court, the question of reducing the rate determined by the High Court need not be examined. It is not legally permissible. Exclusive reliance cannot be placed on Ex-P-42 as was urged by the appellants neither for restoring the rates determined by the Civil Court and nor for making any further enhancement in the rates determined by the High Court. Ex-P-42 is of the year 1989 and that too of a very small piece of land. [Paras 24, 25, 26 and 27] [1112-D-H]
4. The High Court, therefore, rightly took into consideration all the six sale deeds and then on appreciation of entire evidence rightly came to a conclusion that the rates determined by the Civil Court in relation to ‘Jirayat’ and ‘Bagayat’ lands appeared to be on higher side and hence need to be reduced. The marginal reduction of the rates in two types of land, which is based on cogent reasoning of the High Court, cannot, therefore, be faulted with. [Para 29] [1113-C-D]
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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