Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 11 1894: Sections 4(1) Land Acquisition Act 6 18i. 23 23(1-A) 9 23(2) and 51-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894: Sections 4(1), 6, 9, 11, 18, 23 23(1-A), 23(2) and 51-A.Land Acquisition-Compensation-Principles for determination of-Building potentiality-Relevance for determination of compensation-Relevant factors for determining potentiality-Held potentiality should be decided on the basis of material on record-Such material should be supported by documentary evidence.Basic valuation Register maintained under Stamp Act-Cannot form basis for determination of compensation.Value of land mentioned in sale or gift deed-Basis for determination of compensation-Failure to cross-examine witness-Effect of.Value fetched by sale of small extent of land-Basis for calculation of compensation for large extent land acquired-Relevant factors to be taken into account. Claim for enhanced compensation-Reliance by Court on the contents of award made by Land Acquisition Officer- Permissibility of.Compensation-Amount of award under Section 23( 1-A )-Permissible limit of-Market value in respect of which solatium is awardable under section 23(2)-Inclusion of amount payable under section 23(1-A)-Permissibility of.Land belonging to the appellants were acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer fixed the value of the acquired land @ Rs.20 per sq. yard on the basis of the value fetched under sale deeds of residential plots. The compensation was paid @ Rs. 12 per sq. yard i.e. by deducting 40% towards lay out losses. Besides statutory benefits were also given. The Civil Court enhanced the market value of the claimant's land @ Rs. 80 per sq. yard. In determining the enhanced compensation the Civil Court relied on (i) the amounts of consideration mentioned under sale deeds and gift deed; (ii) probable value of building plots in the locality of the acquired land; and (iii) the value of building plots as found in the basic valuation register maintained under the Stamp Act. The High Court reduced the market value of the land holding that it was not safe to determine the value on the basis of the basis valuation register. It fixed the valuation of land @ Rs. 40 per sq. yard and after deducting 20% towards layout losses awarded compensation @ Rs. 32 per sq. yards.In appeals to this Court on the questions :1. Whether the building potentiality of a land acquired under the Land Acquisition Act requires to be taken into consideration in determinating its market value, and if so, how has that to be done?2. Whether the value of building plots as found in the Basic Valuation Register maintained under the Stamp Act or its Rules, could form the basis for determination of the market value of lands?3. Whether the value of land mentioned in an instance of sale or an instance of gift claimed to compare with the acquired land warrants acceptance as the correct value. of such land merely because the witnesses who would have given evidence as regards them, on behalf of the claimants had not been cross-examined or effectively cross-examined on behalf of the Land Acquisition Officer?4. Whether the valuation fetched by sale of a small extent of land can be made the basis for determination of the market value of a large extent of the acquired land?5. Will it not be open to a Court which rejects the evidence adduced by the claimant in support of his claim for enhanced compensation for his acquired land made in a reference under Section 18, to rely upon the contents of the award of the Land Acquisition Officer made under section 11 thereof to enhance the compensation awardable for such land? If the LAO's award is based on value fetched under sale deeds on their perusal as contained in the register maintained under the Registration Act, has he to prove those sale deeds in court for sustaining his award?6. What is the amount which could be awarded under section 23 (1-A) in addition to the market value of the acquired land?7. Does the market value in respect of which solatium is awardable under section 23(2) of the LA Act include the amount payable under section 23(1-A) of the Land Acquisition Act?8. What is the amount of compensation awardable for the lands of the claimant acquired under the LA Act which could be regarded as just and reasonable? |
Judge | Hon'ble Mr. Justice N. Venkatachala |
Neutral Citation | 1995 INSC 77 |
Petitioner | P. Ram Reddy Etc. |
Respondent | Land Acquisition Officer, Hyderabad Urban Development Authority, Hyderabad Etc. |
SCR | [1995] 1 S.C.R. 584 |
Judgement Date | 1995-01-27 |
Case Number | 1037-38 |
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