BHUPAL SINGH Vs STATE OF HARYANA
Bench: VIKRAMAJIT SEN,ABHAY MANOHAR SAPRE
Case number: C.A. No.-007377-007377 / 2008
Diary number: 11733 / 2006
Advocates: MANOJ SWARUP Vs
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Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 7377 OF 2008
Bhupal Singh and Others Appellant(s)
VERSUS
State of Haryana
Respondent(s)
WITH
CIVIL APPEAL Nos. 8635-8636 OF 2014 CIVIL APPEAL Nos. 8637-8638 OF 2014
AND CIVIL APPEAL Nos. 6184-6185 OF 2010
J U D G M E N T
Abhay Manohar Sapre, J.
1. Civil Appeal No. 7377 of 2008 is filed
against the judgment and order dated 19.10.2005
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passed by the High Court of Punjab and Haryana
at Chandigarh in Regular First Appeal No. 363 of
1989 which arises out of order dated 21.11.1988
passed by the Additional District Judge Faridabad
in Land Acquisition Case No. 15 of 1988. Civil
Appeal Nos. 8635-8636 of 2014 & 8637-8638
of 2014 are filed against the final judgment and
orders dated 07.05.2010 along with modified
orders dated 23.07.2010 and 27.05.2010 passed
by the High Court of Punjab and Haryana in
Regular First Appeal Nos. 2214 of 2010 (O&M) and
2253 of 2010 (O&M) respectively whereby the
High Court disposed of both the R.F.As in terms of
order dated 19.10.2005 passed in R.F.A. No. 363
of 1989. Civil Appeal Nos. 6184-6185 of
2010 are filed against the judgment and order
dated 20.10.2009 in R.F.A. No. 3165 of 1993(O&M)
and Cross Objection Petition No. 85-CL of 2009.
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2. By impugned judgment/orders, the Division
Bench of the High Court partly allowed the first
appeals filed by the appellants herein
(claimants/landowners) and enhanced the
quantum of compensation payable to the
claimants at the rate of Rs.50/- per sq. yard for
their lands, which were acquired by the State
under the Land Acquisition Act 1894 (hereinafter
referred to as “The Act"). Dissatisfied with the
judgment/orders passed by the High Court, the
claimants/land owners have filed these appeals for
enhancement of the compensation.
3. The question that arises for consideration in
these appeals is whether the High Court was
justified in partly allowing the appeals filed by the
claimants/landowners by awarding compensation
at the rate of Rs.50/- per sq. yard for their lands
which were acquired by the State or the rate
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should have been more than Rs.50/- per sq. yard?
4. In order to appreciate the controversy
involved in these appeals, it is necessary to state
the relevant facts infra.
5. The appellants are the owners of the land
described hereinbelow in relation to the appellants
in the appeals:
(i) Appellants in of C.A. No. 7377 of 2008 and
C.A. Nos. 6184-6185 of 2010 are the owners of the
land acquired in village Atmadpur Hadbast No.
127, Tehsil Ballabgarh, District Faridabad. AND
(ii) Appellants in C.A. Nos. 8635-8636 of 2014 and
8637-8638 of 2014 are the owners of the land
acquired in village Mawai, Hadbast Nos. 126 4,
Tehsil Ballabgarh, District Faridabad.
6. In exercise of the powers conferred under
Section 4 of the Act, the State Government issued
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a notification on 04.11.1977 and acquired a large
chunk of land measuring 689 Kanals and 17 Marlas
in village Atmadpur, Hadbast No. 127, Tehsil
Ballabhgarh District Faridabad, Haryana (as
mentioned in Award No.13 of 1982-83 –filed as
Annexure P-1 in C.A. No. 7377 of 2008), 66 Kanals
15 Marlas and 149 Kanals and 18 Marlas in Village
Mawai, Hadbast Nos. 126 & 4, Tehsil Ballabgarh,
District Faridabad (as mentioned in Award No.12 of
1982-83 & Award No. 1 of 1984-85-filed as
Annexures P-1 & P-3 respectively in C.A. Nos.
8635-36 of 2014 & 8637-8638 of 2014) and 445
Kanals 12 Marlas in village Atmadpur, Hadbast
No. 127, Tehsil Ballabhgarh District Faridabad,
Haryana (as mentioned in Award dated
06.04.1989 passed by the reference Court of Land
Acquisition Collector-filed as Annexure P-1 in C.A.
Nos. 6184-85 of 2010) for development of
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residential colonies for the public at large. It was
followed by the declaration published on
01.11.1980 under Section 6 of the Act. The
aforementioned land belonging to the appellants
was also acquired pursuant to these notifications.
7. This led to initiation of the proceedings for
determination of compensation payable to each of
the landowners including that of the appellants
herein by the Land Acquisition Officer (in short
“the LAO”). Under Section 9 of the Act, notices
were issued to the appellants calling upon them to
participate in the land acquisition proceedings to
enable the LAO to determine the fair market value
of the lands on the date of acquisition as provided
under Section 23 of the Act so that the
compensation would be paid to the land owners at
such determined rate. Accordingly, the LAO held
an enquiry and after affording an opportunity to
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the appellants passed award dated 18.11.1982
and 02.05.1984 fixing the compensation @
Rs.16.52 per square yard being the fair market
value of the acquired land payable to the
appellants.
8. Feeling aggrieved by the said awards, the
appellants sought reference to the Civil Court
under Section 18 of the Act for re-determination of
the compensation made by the LAO. The reference
Court, on the basis of the evidence adduced,
partly answered the reference in favour of the
appellants and accordingly enhanced the rate of
compensation from Rs.16.52 per square yard to
Rs.22/- per square yard. In other words, the
Reference Court held that the appellants were
entitled to get compensation for their lands at the
rate of Rs.22/- per square yard being the fair
market value of their lands on the date of
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notification issued under Section 4 of the Act.
9. Dissatisfied with the determination made by
the reference Court, the appellants filed appeals
under Section 54 of the Act before the High Court
and challenged the legality and correctness of the
award of the Reference Court out of which these
appeals arise.
10. The Division Bench of the High Court, by
impugned judgment/orders, partly allowed the
appeals filed by the appellants and accordingly
enhanced the compensation payable to the
appellants. The High Court held that the fair
market value/rate of the acquired lands on the
date of acquisition for the appellants’ land was
Rs.50/- per square yard and hence the appellants
were entitled to get the compensation for their
acquired lands at the rate of Rs.50/- per square
yard along with other statutory benefits payable
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under the Act. It is against these judgment/orders,
the claimants/landowners have filed these appeals
by way of special leave before this Court.
11. Heard the learned Counsel for the parties.
12. Shri Nidhesh Gupta, learned Senior Counsel
appearing for the appellants placing reliance on
decisions in Haji Mohd. Ekramul Haq vs. State
of W.B. 1959 Supp(1) SCR 922, State of Kerala
vs. P.P. Hassan Koya (1968) 3 SCR 459, Bhag
Singh & Ors. vs. UT of Chandigarh (1985) 3
SCC 737, Municipal Committee, Bhatinda &
Ors. vs. Balwant Singh (1995) 5 SCC 433,
Union of India & Ors. vs. Mangatu Ram &
Ors. (1997) 6 SCC 59, V. Hanumantha Reddy
vs. Land Acquisition Officer & Mandal R.
Officer (2003) 12 SCC 642, General Manager,
ONGC Ltd. Vs. Rameshbhai Jivanbhai Patel &
Anr. (2008) 14 SCC 745, Maharunnisa vs.
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Commissioner & Land Acquisition Officer,
Bijapur (2009) 9 SCC 750, Chandrashekhar &
Ors. vs. Additional Special Land Acquisition
Officer, (2009) 14 SCC 441, Valliyammal & Anr.
vs. Special Tehsildar (Land Acquisition) &
Anr., (2011) 8 SCC 91, Chandrashekar (Dead)
by L.Rs. and Ors. Vs. Land Acquisition Officer
& Anr., (2012) 1 SCC 390, Salaha Begaum &
Ors. vs. Special Land Acquisition Officer,
(2013) 11 SCC 426 and Digamber & Ors. vs.
State of Maharashtra & Ors., (2013) 14 SCC
406, contended that the High Court having rightly
held in appellants’ favour that a case for
enhancement in payment of compensation for the
acquired land is made out, erred in enhancing the
compensation only @ Rs.50/- per square yard.
According to the learned senior counsel, having
regard to the nature of the potentiality of the use
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of the lands which was duly proved by the
appellants by adducing evidence and rightly
recognized by the Courts in appellants’ favour by
returning finding on this issue, the appellants were
entitled to claim enhancement in the
compensation at the rate ranging between
Rs.100/- per square yard to Rs.200/- per square
yard in place of Rs.50/- per square yard. Learned
senior counsel pointed out that several acres of
lands situated near the acquired lands in question
were acquired by the State Government between
the years 1980 to 1989-1990 and for acquisition of
these lands, the State Government paid
compensation to their landowners @ Rs.300/- to
Rs.325/- per square yard pursuant to orders of the
Courts. Learned senior counsel, therefore,
contended that if Rs.300/-to Rs.325/- is taken to be
the rate of the similarly situated lands in the year
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1989-1990 and if 10% is reduced retrospectively
on yearly basis of Rs.300/-to Rs.325/-, then in such
event, the fair market value of the lands in
question prevailing in the year 1977, i.e., the year
of acquisition, could safely be determined between
Rs.100/- to Rs.200/- per square yard. Lastly and in
the alternative, learned senior counsel contended
that in any event, the High Court having rightly
held that the appellants were entitled to claim
compensation at the enhanced rate of Rs.63/- per
square yard erred in eventually awarding
compensation at the rate of Rs.50/- per square
yard without there being any basis. According to
him, the appellants therefore were entitled to get
the compensation at the enhanced rate of Rs.63/-
per square yard instead of Rs. 50/- per square yard
on the basis of finding of the High Court.
13. In contra, learned Counsel for the
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respondent- State supported the impugned
judgment and contended that no case is made out
on facts or/and in law to call for any interference in
the impugned judgment of the High Court.
Learned counsel while refuting the contention of
Mr. Nidesh Gupta, learned senior counsel
appearing for the appellants, contended that the
fair market value of the lands in question cannot
be determined in the manner suggested by Mr.
Gupta. According to him, firstly in order to
determine the fair market value of the acquired
land, as provided under Section 23 of the Act, one
is required to take into account the prevailing
market rate of the similarly situated lands in
nearby area of the acquired land on the date of
the issuance of notification under Section 4 of the
Act but in no case the rate of the lands either sold
or acquired subsequent to the date of issuance of
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the notification in question can be taken into
consideration. Learned counsel pointed out that
the appellants never claimed compensation at the
rate of Rs.200/- per square yard as was urged
before this Court for the first time and hence at
best the appellants could be considered for award
of compensation at the rate of Rs.63/- per square
yard but not beyond this rate.
14. Having heard the learned Counsel for the
parties and on perusal of the record of the case,
we find force in the alternative submission of the
learned senior counsel for the appellants
mentioned above and hence are inclined to allow
these appeals in part and accordingly modify the
impugned award in favour of the appellants to the
extent indicated below by enhancing the rate of
the land per square yard for re-determining the
payment of the compensation and other statutory
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benefits payable under the Act to the appellants.
15. Law on the question as to how the Court is
required to determine the fair market value of the
acquired land is fairly well settled by several
decisions of this Court and remains no more res
integra. This Court has, inter alia, held that when
the acquired land is a large chunk of undeveloped
land having potential and was acquired for
residential purpose then while determining the fair
market value of the lands on the date of
acquisition, the appropriate deductions are also
required to be made.
16. It is apposite to take note of some of the
decisions of this Court on the issue relevant for the
disposal of these appeals:
(i) In Brig. Sahib Singh Kalha & Ors. v.
Amritsar Improvement Trust & Ors., (1982) 1
SCC 419, this Court opined that where a large area
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of undeveloped land is acquired, provision has to
be made for providing minimum amenities of town
life. Accordingly, it was held that a deduction of
20% of the total acquired land should be made for
land over which infrastructure has to be raised
(space for roads, etc.). Apart from the aforesaid, it
was also held that the cost of raising infrastructure
itself (like roads, electricity, water, underground
drainage, etc.) needs also to be taken into
consideration. To cover the cost component for
raising infrastructure, the Court held that the
deduction to be applied would range between 20%
to 33%. Commutatively viewed, it was held, that
deductions would range between 40% and 53%.
(ii) In Chimanlal Hargovinddas v. Special
Land Acquisition Officer, Poona & Anr. (1988)
3 SCC 751 while referring to the factors which
ought to be taken into consideration while
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determining the market value of the acquired
land, it was observed that a smaller plot was
within the reach of many whereas for a larger
block of land there were implicit disadvantages. As
a matter of illustration, it was mentioned that a
large block of land would first have to be
developed by preparing its layout plan. Thereafter,
it would require carving out roads, leaving open
spaces, plotting out smaller plots, waiting for
purchasers (during which the invested money
would remain blocked). Likewise, it was pointed
out that there would be other known hazards of an
entrepreneur. Based on the aforesaid likely
disadvantages it was held that these factors could
be discounted by making deductions by way of
allowance at an appropriate rate ranging from
20% to 50%. These deductions, according to the
Court, would account for land required to be set
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apart for developmental activities. It was also
sought to be clarified that the applied deduction
would depend on, whether the acquired land was
rural or urban, whether building activity was
picking up or was stagnant, whether the waiting
period during which the capital would remain
locked would be short or long; and other like
entrepreneurial hazards.
(iii) In Kasturi & Ors. v. State of Haryana,
(2003) 1 SCC 354, this Court opined that in
respect of agricultural land or undeveloped land
which has potential value for housing or
commercial purposes, normally 1/3rd amount of
compensation should be deducted depending
upon the location, extent of expenditure involved
for development, the area required for roads and
other civic amenities, etc. It was also opined that
appropriate deductions could be made for making
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plots for residential and commercial purposes. It
was sought to be explained that the acquired land
may be plain or uneven, the soil of the acquired
land may be soft or hard, the acquired land may
have a hillock or may be low-lying or may have
deep ditches. Accordingly, it was pointed out that
expenses involved for development would vary
keeping in mind the facts and circumstances of
each case. In Kasturi case, it was held that
normal deductions on account of development
would be 1/3rd of the amount of compensation. It
was, however, clarified that in some cases the
deduction could be more than 1/3rd in other cases
even less than 1/3rd.
(iv) In Lal Chand v. Union of India & Anr.,
(2009) 15 SCC 769, it was held that to determine
the market value of a large tract of undeveloped
agricultural land (with potential for development),
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with reference to sale price of small developed
plot(s), deductions varying between 20% to 75%
of the price of such developed plot(s) could be
made.
(v) In A.P. Housing Board v. K. Manohar
Reddy & Ors., (2010) 12 SCC 707, having
examined the existing case law on the point it was
concluded that deductions on account of
development could vary between 20% to 75%. In
the peculiar facts of the case, a deduction of 1/3rd
towards development charges was made from the
awarded amount to determine the compensation
payable.
(vi) In Special Land Acquisition Officer & Anr.
v. M.K. Rafiq Saheb, (2011) 7 SCC 714, this
Court after having concluded that the land which
was the subject-matter of acquisition was not
agricultural land for all practical purposes and no
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agricultural activities could be carried out on it,
concluded that in order to determine fair
compensation, based on a sale transaction of a
small piece of developed land (though the
acquired land was a large chunk), the deduction
made by the High Court at 50%, ought to be
increased to 60%.
17. After taking note of the aforesaid cases and
placing reliance upon the principles laid down
therein, this Court in Chandrashekar and
Others, (supra) observed as under:
“It is essential to earmark appropriate deductions out of the market value of an exemplar land, for each of the two components referred to above. This would be the first step towards balancing the differential factors. This would pave the way for determining the market value of the undeveloped acquired land on the basis of market value of the developed exemplar land.
As far back as in 1982, this Court in Brig. Sahib Singh Kalha case held, that the permissible deduction could be up to 53%. This deduction was divided by the Court into two components. For the “first component” referred to in the foregoing
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paragraph, it was held that a deduction of 20% should be made. For the “second component”, it was held that the deduction could range between 20% to 33%. It is therefore apparent that a deduction of up to 53% was the norm laid down by the Court as far back as in 1982. The aforesaid norm remained unchanged for a long duration of time, even though, keeping in mind the peculiar facts and circumstances emerging from case to case, different deductions were applied by this Court to balance the differential factors between the exemplar land and the acquired land. Recently however, this Court has approved a higher component of deduction.
In 2009 in Lal Chand case and in 2010 in A.P. Housing Board case it has been held that while applying the sale consideration of a small piece of developed land, to determine the market value of a large tract of undeveloped acquired land, deductions between 20% to 75% could be made. But in 2009 in Subh Ram case, this Court restricted deductions on account of the “first component” of development, as also, on account of the “second component” of development to 33% each. The aforesaid deductions would roughly amount to 67% of the component of the sale consideration of the exemplar sale transaction(s).”
18. Keeping the aforesaid principles in mind, we
have perused the evidence in these cases. It is not
in dispute that the acquisition of land in question
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was made in the year 1977 and it was for a large
chunk of undeveloped agriculture land. It is also
not in dispute that it was for construction of
“residential purpose”. It is further not in dispute
that the appellants did not file any sale deed in
evidence in support of their case to prove the fair
market value of the acquired land. All that they
adduced was an oral evidence of some witnesses
to prove the potentiality of the lands by showing
its location, proximity to the main road which was
passing in the area and named some industries
and hospitals operating in the nearby areas of the
acquired lands etc.
19. Taking all these factors in mind and on
appreciation of this oral evidence, the LAO,
Reference Court and the High Court fixed their
respective rates as mentioned above, namely,
Rs.16.52, Rs.22/- and Rs. 50/- per Square yard.
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20. As rightly argued by learned senior counsel
for the appellants, it is not in dispute that the High
Court did hold in appellants’ favour that they were
entitled to claim compensation at the rate of
Rs.63/- per Square yard in the concluding para of
the impugned judgment basing its finding after
taking into consideration the potentialities of land
and rate of one adjacent land of the acquired land
which was also found to have been acquired at the
same time as determined by the Courts.
21. In the light of this finding, we fail to
appreciate as to why the High Court then assessed
the rate at Rs.50/- per square yard in place of
Rs.63/- per sq. yard. In other words, having rightly
come to a conclusion that the fair market value of
the land in question on the date of acquisition
(04.11.1977) was Rs.63/- per square yard, there
was no justification on the part of the High Court
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to have then reduced it to any rate less than
Rs.63/- much less to Rs.50/- per square yard. In
our considered view, it should have been fixed at
Rs.63/- per square yard only.
22. We have also given our anxious consideration
to the whole issue keeping in view the peculiar
facts, evidence adduced and the law quoted above
for determining the fair market value of the land
on the date of notification (04.11.1977). Having
regard to the total scenario emerging from the
record of the case and the findings recorded by
the Courts below on the issues such as location of
land, its potentiality, surroundings, the rate of the
adjacent land determined by the Courts, the
condition of the acquired underdeveloped lands,
the expenditure required to develop the acquired
land to start the activities, per cent of deductions
to be made, its proximity to the various places in
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the nearby town (Faridabad), and lastly, the fact
that the appellants failed to file any sale deed of
any parcel of land (be that of small piece of land or
big) sold in the near proximity of the acquired
land, the fair market value of the lands in question
as on 04.11.1977 (date of acquisition) can
reasonably be worked out to "Rs.63/- per Square
Yard". In other words, in our considered opinion,
the High Court was not right in determining the
fair market rate of the acquired land at Rs.50/- per
Square yard and instead it should have
determined the fair market rate of the acquired
land in question at “Rs.63/- per Square Yard”. We
accordingly now fix it.
23. We are not impressed by the submission of
learned senior counsel for the appellant when he
submitted that we should take into consideration
the fair market value of the adjacent land
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determined by the Court which was acquired 10
years subsequent to the acquisition in question in
1989-1990 and then go on reducing its value 10%
every year to determine the fair market value of
the land in question. To say the least, this
submission is wholly misconceived being against
the settled principle of law relating to land
acquisition cases.
24. As rightly argued by learned counsel for the
respondent, the fair market value of the acquired
land is required to be determined under Section 23
of the Act on the basis of the market rate of the
adjacent lands similarly situated to the acquired
lands prevailing on the date of acquisition or/and
prior to acquisition but not subsequent to the date
of acquisition. In appropriate cases, addition of
10% per annum escalation in the prices specified
in the sale deeds (if filed and relied on) in relation
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to adjacent similarly situated lands for fixing the
market value of the acquired land may be
permitted. Such is, however, not the case in hand.
Here is the case where firstly, no sale deeds were
filed by the appellants to prove the fair market
value of the acquired land and secondly, what
they now want this Court to do is to take into
consideration the rate of those lands which were
acquired ten years after the date of acquisition in
question and then reduce the value of such land
by 10% every year so as to determine the fair
market value of the acquired land in question. In
our view, such procedure for determination is not
provided in the Act.
25. We also cannot accept the submission of the
learned counsel for the appellants when he
contended that the appellants are entitled to claim
compensation at the rate ranging between
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Rs.100/- to Rs.200/- per sq. yard. As observed
supra, since the appellants failed to file any sale
deed of the lands to prove the price of the lands
prevailing at the relevant time (04.11.1977), we
fail to appreciate as to on what basis, the
appellants can claim the compensation at the rate
of Rs.100/- per sq. yard or more. In our view it
was necessary for the appellants to have filed
copies of the sale deed to prove the fair market
rate prevailing on the date of acquisition
(04.11.1977). Since the only evidence which was
adduced was to prove the potentialities of the
acquired land, the courts below took into account
the potentialities and the rate of adjacent land
fixed by the Courts and accordingly fixed the rate.
We do not find any illegality in such approach of
the courts below.
26. We have arrived at the figure of “Rs.63/- per
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sq. yard” after applying all relevant factors, which
we have mentioned above. In our view, the rate
determined by this Court is just, reasonable and
represents fair market value of the lands in
question on the date of acquisition. Indeed, in
such cases, one can never come to any exact
figure of price of lands because in the very nature
of things, the prices are bound to vary from land to
land and further they also depend upon the
individual buyer-to-buyer, seller-to-seller and the
reasons which led to such sale and purchase.
However, Courts in such cases always exercise
their discretion within the permissible parameters
after appreciating the entire evidence brought on
record and applying the relevant legal principles.
We have kept these factors in mind.
27. In view of foregoing discussion, the appeals
filed by the appellants-landowners deserve to be
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allowed and are accordingly allowed in part. The
impugned judgment and orders are accordingly
modified to the extent indicated above.
28. The concerned LAO is directed to calculate
the compensation payable to the appellants (land
owners) for their acquired lands pursuant to
notification issued under Section 4 of the Act on
04.11.1977 “at the rate of Rs.63/- per sq.
yard” and accordingly calculate all statutory
compensation such as solatium, interest etc.
payable under the Act to every land owner.
29. Let this calculation be made, as directed
above, by the LAO and the amount so calculated
and worked out be paid to the appellants (land
owners) after making proper verification of their
claim cases within three months from the date of
receipt of this judgment. No costs.
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…….….……............................J. [VIKRAMAJIT SEN]
…………..................................J.
[ABHAY MANOHAR SAPRE]
New Delhi; April 01, 2015.
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