Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 land Acquisition evidence to justify the claim land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 - Sections 4 and 18 - Land Acquisition - In villages Harthala, Mukkarrabpur and Sonakpur - Compensation - Award of - Enhancement by Reference Court - Set aside by High Court and restoration of award by Land Acquisition Officer - Interference with - Held: Interference not called for since claimant did not establish their case for enhancement of compensation - There was absence of evidence to justify the claim - Reference Court failed to give any adequate or tenable reasons for enhancement - LAO assessed compensation on basis of evidence of comparable sale of lands in the locality, thus, was generous in his award.In terms of Land Acquisition Notifications, most of the lands in village Harthala, Mukkarrabpur and Sonakpur were acquired at the instance of the Development Authority. Land owners were awarded compensation. In respect of lands in village Harthala, Land Acquisition Officer awarded compensation at Rs. 80 per square meter. Reference Court enhanced the compensation to Rs.270 per square meter. In respect of Village Mukkarrabpur, LAO awarded Rs.17.05, Rs.117/-, Rs.170/- and Rs.92.59 per square meter and Reference Court enhanced the same to Rs.192/-, Rs.350/- and Rs.350 per square meter. In respect of village Sonakpur, LAO awarded Rs.11.59 and Rs.22 per square meter and the Reference Court enhanced it to Rs.290 and in the range of Rs.350 to Rs.390 per square meter respectively. However, High Court set aside the awards of Reference Court and restored the awards made by Land Acquisition Officer. Hence the present appeals.Appellant-land owners with regard to lands in Harthala village, contended that the High Court misdirected itself into thinking that sale instances of small plots had no evidentiary value or were not relevant in determining the compensation due for larger extents or lands; that the Awarding Officer ignored the transactions involving sales of land in acres or of larger extents, without giving adequate reasons except vaguely stating that they were distantly located; that those sale instances would have provided a basis for assessing the compensation due in respect of the acquired lands subject to adjustments for the distance or other disadvantages or advantages compared to the acquired lands; that the sale deed relied on by Awarding Officer was in respect of sale of a portion of his property by a seller which had an extent of only 100 square meters and the price fetched was only Rs.80 per square meter; that the evidence of P.W.1 showed that the lands involved were agricultural lands and did not have any electricity or other facilities available; and that some of the sale instances indicate that the prices were only in the range of Rs.11 per square meter up to Rs.27 per square meter. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 840 |
Petitioner | Gafar And Ors. |
Respondent | Moradabad Development Authority And Anr. |
SCR | [2007] 9 S.C.R. 32 |
Judgement Date | 2007-08-17 |
Case Number | 5355 |
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