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NON-REPORTABLE        

 IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2562 OF 2019    (@ SPECIAL LEAVE PETITION (CIVIL) NO. 14973 OF 2010)

U.P.AVAS EVAM VIKAS PARISHAD ...APPELLANT(S)

                               VERSUS

GANGA SARAN (DEAD) THR. LRS. AND ORS.         ...RESPONDENT(S)

WITH

CIVIL APPEAL NO. 2563 OF 2019 (@ SPECIAL LEAVE PETITION (C)NO. 36884 OF 2016)

CIVIL APPEAL NO. 2565 OF 2019 (@ SPECIAL LEAVE PETITION (C)NO. 38758 OF 2016)

CIVIL APPEAL NO. 2564 OF 2019 (@ SPECIAL LEAVE PETITION (C)NO. 38361 OF 2016)

J U D G M E N T

R. Subhash Reddy, J.

1. Leave granted.

2. All  these  appeals  arise  out  of  the  Notification  issued

under Section 4 (1) of the Land Acquisition Act, 1894 on

29.9.1979.  They are all heard together and being disposed of

by this order.  For the purpose of disposal we have referred

to the facts which arise in the Civil Appeal arising out

Special Leave Petition (Civil) No.14973 of 2010.

3. The land of the respondents-claimants admeasuring 2-13-0 of

Khasra No.174 and 0-17-0 of Khasra No.175 situated in Tanda,

Bulandshshar, was acquired under the provisions of the Land

Acquisition Act,1894 for the purpose of implementation of the

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housing scheme under the provisions of Uttar Pradesh Avas Evam

Vikas Parishad Adhiniyam, 1965.   As per the provisions of the

said Act, land which is required for the purpose of housing

scheme  can  be  acquired  under  the  provisions  of  the  Land

Acquisition  Act,  1894.   The  Notification  was  issued  on

29.9.1979 and declaration was issued on 20.12.1980.  The Land

Acquisition Officer, after conducting necessary inquiry, has

passed Award on 11.10.1984.  The Land Acquisition Officer in

his  Award  fixed  the  compensation  for  the  acquired  land  @

Rs.29.08 per sq. yard.   As the respondents-claimants were not

satisfied with the market value fixed, they sought reference

under Section 18 of the Land Acquisition Act to the Civil

Court.  The Reference was made to the court of the District

Judge, Bulandshehar and same was numbered as L.A.R. No.128 of

1987.  The District Court, on reference made under Section 18

of the Land Acquisition Act, 1894 has answered the same by

judgment dated 19.12.1994. The Reference Court has enhanced

the compensation by fixing market value at Rs.99/- per sq.

yard and also ordered for payment of statutory benefits.   

4. Aggrieved  by  the  judgment  of  the  Reference  Court  dated

19.12.1994 passed in L.A.R. No.128 of 1987 Uttar Pradesh Avas

Evam Vikas Parishad has preferred First Appeal No.354 of 1995,

before  the  High  Court  of  Judicature  at  Allahabad.  By  the

impugned judgment dated 19.01.2010 the appeal filed by the

appellant  herein  was  dismissed.   Being  aggrieved,  the

appellant has preferred this appeal.  

5. We have heard learned counsel for the appellant and learned

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counsel appearing for the respondents-claimants at length.

6. The learned counsel for the appellant, by referring to the

impugned  judgment  has  submitted  that  though  the  appeal

preferred before the High Court is First Appeal, the High

Court has dismissed the same by the impugned judgment, without

re-appreciating the evidence on record. It is submitted that

on this ground impugned judgment is fit to be set aside.  On

the  other  hand,  learned  counsel  for  the  respondents  has

submitted that the Notification under Section 4 (1) of the

Land Acquisition Act, 1894 was issued as early as on 29.9.1979

and  the  respondents-claimants  have  not  yet  received  the

compensation  which  is  fixed  by  the  Reference  Court,  he

requested to consider the judgment of the Reference Court and

submitted that the fixation of market value for the acquired

land @ Rs.99/- per sq. yard is just and reasonable. It is

further submitted that though there is a documentary evidence

on record by way of registered sale deeds, prior in point of

time to the Notification issued under Section 4 (1) of the

Land Acquisition Act, 1894 which show the market value of the

acquired land at relevant time was around Rs.200/- per sq.

yard, the Reference Court, fixed the market value for the

acquired land at @ Rs. 99/- per sq. yard only.  It is further

submitted that in view of such documentary and oral evidence

adduced before the Reference Court, there are no grounds to

interfere with the impugned judgment.

7. Having heard learned counsel for the parties and we have

also perused the order of the Reference Court and impugned

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judgment  of  the  High  Court  and  other  materials  placed  on

record.

8. It  is  true  that  though  the  appeal  preferred  by  the

appellant before the High Court is the First Appeal, the High

Court has dismissed the same without appreciating evidence on

record. Instead of remitting matter back to the High Court for

consideration of appeal, keeping in mind that the Notification

under  Section  4(1)  of  the  Land  Acquisition  Act,  1894  was

issued  as  early  as  on  29.9.1979,  we  have  considered,  the

judgment  of  the  Reference  Court  and  the  evidence  adduced

before the Reference Court by the respondents-claimants.

9. It is the case of the respondents-claimants that the land

which  was  required  for  the  purpose  of  housing  scheme  is

within  the  municipal  limits  and  near  to  residential  and

commercial buildings.   

10. From the judgment of the Reference Court and other

material  placed  on  record,  it  is  clear  that  S.L.A.O.  has

himself admitted that the acquired land is adjacent to Abadi

and  suitable  for  residential  houses.  Even  spot  inspection

made  by  S.L.A.O.  also  revealed  that  residential  and

commercial  buildings  were  in  existence  near  the  acquired

land.  Further the sale deeds referred in Sl.No.1 to 4 and

20, 21 and 89 reveal that the market value of the acquired

land  during  the  relevant  time  was  varying  from  Rs.100  to

Rs.200 per sq. yard.  Though such sale deeds were prior to

the Notification, the Land Acquisition Officer has omitted to

consider the same on the ground that acquired land was 48

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acres in total. Further it is also to be noted that sale

deeds  of  comparable  sales  of  small  areas  also  can  be

considered  by  giving  suitable  deductions  while  fixing  the

market  value.  Documentary  evidence  produced  before  the

Reference Court, reflects the market value of the acquired

land, during the relevant time of issuing notification, under

Section 4(1) of the Land Acquisition Act, 1894 which ranges

from Rs.100 to Rs.200 per sq. yard. Considering the evidence

in entirety the Reference Court has fixed the market value of

the acquired land at Rs.99 per sq. yard.  Having regard to

evidence on record, before the Reference Court, fixation of

market value of the acquired land at the rate of Rs.99 per

sq. yard along with other statutory benefits cannot be said

to be illegal. Market value fixed by the Reference Court at

Rs.99/- per sq. yard is just, reasonable and represents the

true  market  value,  as  on  the  date  of  Section  4(1)

Notification. For the aforesaid reasons, we do not find any

merit in the appeal and the same is accordingly dismissed.

Civil Appeals arising out of SLP(C) Nos.36884/2016,38758/2016 &  No.38361/2016

In view of the order passed in Civil Appeal arising out of

SLP(C) No.14973 of 2010, these appeals are also dismissed.

........................J. [R. BANUMATHI]

NEW DELHI ........................J. 26TH FEBRUARY, 2019 [R. SUBHASH REDDY]