Full Judgment Text
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PETITIONER:
P. VENKATARAJU
Vs.
RESPONDENT:
SPECIAL TEHSILDAR(LAND ACQUISITION)
DATE OF JUDGMENT06/12/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
FAIZAN UDDIN (J)
KIRPAL B.N. (J)
CITATION:
JT 1995 (9) 339 1995 SCALE (7)333
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Notification under s.4(1) of the Land Acquisition Act,
1894 (for short, "the Act") acquiring a large extent of land
for construction of Vengalarayasagar Project, West Godavari
District of Andhra Pradesh, was published on September 20,
1979. The Land Acquisition Officer in his award had
determined compensation at the rate of Rs.10,000/- per acre
for wet land and had also granted value of the coconut
trees. The Subordinate Judge on reference under s.18(1)
enhanced the market value to Rs.22,000/- per acre. He relied
upon two sale deeds and Ex.A2, an agreement of sale dated
December 15, 1976, for a large extent of land for a
consideration of Rs.15,000/-. One sale deed was executed
under Ex.A3 on September 22, 1978. Another document, Ex. A1
was executed on the same day for a sum of Rs.19,800/-. It
has come on record that the project was inaugurated on
August 28, 1976. The lower Court enhanced the compensation
to Rs.22,000/- per acre relying upon the above documents.
However, in another matter, a learned single Judge of the
High Court by his judgment dated February 14, 1985 had
confirmed the compensation in respect of neighbouring lands
acquired earlier, at Rs.22,000/- per acre. The Division
Bench, however, by the impugned order reduced the
compensation to Rs.20,000/-. Thus this appeal by special
leave. Unfortunately, the State has not come in appeal
against the enhanced compensation.
The only question is whether the appellant is entitled
to compensation @ Rs.22,000/- per acre. It is seen that when
the Project was inaugurated on August 28, 1976, all these
documents obviously had been brought up for inflating the
market value. Unfortunately, all these facts were not
brought to the notice of the learned single Judge when he
confirmed the compensation of the land at the rate of
Rs.22,000/- per acre. It is settled law that it is the duty
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of the court to consider the evidence in proper perspective
and to determine the compensation. In each case, the court
sitting in the arm chair of a * willing purchaser would as a
prudent person offer the market value when the owner offered
the land for sale. Once the project was inaugurated and the
lands were acquired, no prudent person would come forward
and purchase the same at higher rates. It may be depressed
sales in case of acute necessity and urgency of the seller
for money. Under these circumstances, we hold that the sale
deeds were brought up sales and the enhancement was not
justified. We do not propose to interfere with the matter
and cannot also enhance the market value.
The appeal is accordingly dismissed. No costs.