NDLI: State of Himachal Pradesh & Ors. Vs. Kanshi Ram & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Act 6 Compensation 1894 Comparable sale Large extent of la ss.4 determination of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Land Acquisition Act, 1894: ss.4, 6 – Gram panchayat made a request to State for construction of road from Namhol to Bahadurpur – For the purpose of construction of road, possession of land was taken in the year 1988 – Some of the owners of the land whose land was utilized for construction of road approached High Court complaining that their land was utilized without acquisition of land in accordance with law – Pursuant thereto, State appellant initiated land acquisition proceedings to acquire 18-15 bighas of land situated in Tepra village – Land Acquisition Officer categorized the land into 5 categories and fixed Rs.61,666 per bigha – Reference Court fixed the compensation by awarding uniform rate at Rs.7 lakhs per bigha based on the sale deed dated 24.11.2004 – Aggrieved, State filed appeals before High Court – Respondents preferred cross objections claiming interest from the date of taking possession to the date of publication of s.4(1) Notification – By the impugned judgment, High Court dismissed the appeals filed by the State and allowed the cross objections by awarding interest @ 15% p.a. on the market value of the land fixed by the Reference Court, from 1.1.1989 till the date of Notification issued under s.4(1) of the Act – State and claimants filed appeals respectively – Held: Under the sale deed relied on, Ex.PW-1/A, only one biswa of land was sold by PW-2 to PW-3, for a consideration of Rs.50,000/- – PW-2 is also a claimant in these proceedings – When the total land admeasuring 18-15 bighas of land was acquired, the Reference Court and the High Court committed error in accepting document in Ex.PW-1/A, as a comparable sale for the purpose of fixing market value of the acquired land at the rate of Rs.7 lakhs per bigha – As no other documentary evidence is available on record and further in view of the allegation of the appellants that the sale deed in Ex.’RA’ dated 04.05.2001 under which 4-51 bighas of land in adjoining village was sold in the year 2001, is not considered without assigning valid reasons, State’s appeals remitted to reference court for consideration afresh – The additional interest awarded @ 15% P.A. from the date of Notification is also set aside. Land Acquisition Act, 1894: Compensation, determination of – Comparable sale – Large extent of land – Sale deed of small chunk of land relied on – If no other comparable sales are available in the same village, it is always open to the Reference Court to consider sales in the adjoining villages during the relevant period – In the instant case, vendor in the sale deed relied on was the claimant in the instant land acquisition proceedings also – Such sale could not be considered as a comparable sale for the purpose of fixing the market value of large extent of land i.e. 18-15 bighas.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 906
Petitioner	State Of Himachal Pradesh & Ors.
Respondent	Kanshi Ram & Ors.
SCR	[2019] 10 S.C.R. 608
Judgement Date	2019-08-14
Case Number	6308

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State of Himachal Pradesh & Ors. Vs. Kanshi Ram & Ors.

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