Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6919 OF 2021
Anil Kumar Soti & Ors. ..Appellant(S)
VERSUS
State of U.P. through Collector Bijnore (U.P.) ..Respondent(S)
J U D G M E N T
M. R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 16.04.2019 passed by the High
Court of Judicature at Allahabad in First Appeal No.440 of
1989, by which the High Court has partly allowed the said
appeal preferred by the appellants herein – original claimants
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2021.11.23
17:17:35 IST
Reason:
and has determined the market value of the lands acquired
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at Rs.7,100/ per acre only, original land owners have
preferred the present appeal.
2. That the appellants’ lands situated at village Rawali came to
be acquired for public purpose. A notification under Section
4 of the Land Acquisition Act, 1894 (hereinafter referred to as
the Act) was issued on 16.05.1981. The Land Acquisition
Officer declared the award and determined the compensation
at Rs.5,218.39/ per acre. At the instances of the claimants a
Reference was made to the District Court under Section 18 of
the ACT claiming compensation of Rs.12,000/ per acre. The
Reference Court enhanced the compensation from
Rs.5,218.39/ per acre to Rs.6,696.70/ per acre with all
other statutory benefits which may be available under the
Act. The appellants herein preferred the appeal before the
High Court. The claimants prayed the compensation of
Rs.15,402/ per acre relying upon the judgment and award
passed by the Reference Court in another case with respect
to the acquisition of the land of the very village, but with
respect to the notification issued under Section 4 of the Act
dated 19.12.1981. That by the impugned judgment and order
and relying upon and considering the sale deed exemplar
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dated 23.12.1980, the High Court has partly allowed the said
appeal and has determined and awarded the compensation
at the rate of Rs.7,100/ per acre.
3. Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court, enhancing the
amount of compensation to Rs.7,100/ per acre only the
original claimants have preferred the present appeal.
4. Learned Counsel appearing on behalf of the appellants –
original claimants has vehemently submitted that the High
Court has materially erred in determining and awarding the
compensation of Rs.7,100/ per acre only.
4.1 It is submitted that for the acquisition of the land of the very
village but notification under Section 4 of the Act was issued
on 19.12.1981 the Reference Court determined and awarded
the compensation at Rs.15,402/ per acre. It is submitted
that the Reference Court in that case relied upon the sale
deed exemplar of the year 1978 and thereafter determined
the market value of the compensation at Rs. 15,402/ per
acre. It is submitted that the appeal against the judgment
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and award passed by the Reference Court in that case
determining and awarding the compensation at Rs.15,402/
per acre has been subsequently withdrawn. It is submitted
that therefore the Government has accepted the judgment
and award passed by the Reference Court with respect to the
land acquired of the same village but for which the
notification under Section 4 of the Act was issued on
19.12.1981. It is submitted that therefore the appellants are
also entitled to the compensation of Rs.15,402/ per acre.
5. Learned counsel appearing on behalf of the respondent –
State has submitted that in the present case the High Court
has rightly determined the compensation at Rs.7,100/ per
acre considering the sale deed exemplar dated 23.12.1980
which as such can be said to be proximate/nearer to the date
of the acquisition of the land. It is submitted that therefore
the interference of this court in exercise of power under
Article 136 of the Constitution of India is not called for.
6. We have heard the learned counsel appearing for the
respective parties at length.
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7. At the outset, it is required to be noted and it is not in
dispute that in the present case notification under Section 4
of the Act has been issued on 16.05.1981 by which the High
Court has determined the compensation at Rs.7,100/ per
acre. However, it is required to be noted that with respect to
the land acquired of the very same village for which the
notification under Section 4 of the Act was issued on
19.12.1981, the Reference Court in another case determined
and awarded the compensation at Rs.15,402/ per acre.
Having gone through the judgment and award passed by the
Reference Court in another case determining the
compensation at Rs.15,402/ per acre (which is heavily relied
upon by the claimants in the present case) the Reference
Court had considered the sale deed exemplar of the year
1978. Therefore, it is not the case that in another case the
sale deed exemplar relied upon was for the period between
16.05.1981 (acquisition of the land in the present case) and
19.12.1981 (date of acquisition in another case). As per the
settled preposition of law while determining the market
value/compensation, previous instances of acquisition in
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proximity for location and potential of land acquisition along
with cumulative increase is relevant consideration. In the
present case, time gap between two notifications under
Section 4 of the Act is only seven months. Nothing has been
pointed out with respect to any material changes for the
period between 16.05.1981 and 16.12.1981 time gap
between the two notifications under Section 4 of the Act. On
the contrary, after the judgment and award passed by the
Reference Court with respect to the land acquired of the
same village for which notification under Section 4 was
issued on 19.12.1981, the Reference Court determined the
compensation at Rs.15,402/ per acre. The Reference Court
in that case relied upon the sale deed exemplar of 1978. The
judgment and award passed by the Reference Court in that
case determining the market value/compensation at
Rs.15,402/ per acre has attained the finality and the State
has accepted the same by withdrawing the appeal against the
said judgment and award. Therefore, in the present
circumstances, the appellants shall be entitled to the
compensation at Rs.15,402/ per acre.
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8. In view of the above and for the reasons stated above, the
present appeal succeeds. The impugned judgment and order
passed by the High Court is hereby modified and it is held
that appellants shall be entitled to the compensation for land
acquired at Rs.15,402/ per acre with all other statutory
benefits which may be available under the Act subject to
payment of deficient Court fees, if any. The present appeal is
allowed accordingly. In the facts and circumstances of the
case there shall be no order as to costs.
…………………………………J.
(M. R. SHAH)
…………………………………J.
(SANJIV KHANNA)
New Delhi,
November 23, 2021
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