Full Judgment Text
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PETITIONER:
THE STATE OF BIHAR
Vs.
RESPONDENT:
MADHESHWAR PRASAD
DATE OF JUDGMENT: 08/08/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (6)287
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Notification under Section 4(1) of the Land Acquisition
Act, 1894 (for short the ’Act’) was published on September
16, 1981 acquiring 3 acres 17 decimals of land for
Suvarnarekha Project. The Land Acquisition Officer by his
award dated September 3, 1985 granted compensation at
Rs.14,445/- per acre. On reference, the Subordinate Judge
enhanced it to Rs.15,055/- per acre. Both the State as well
as the claimants filed the appeals in the High Court. The
High Court in the impugned judgment in FA No.105 and 93 of
1987 dated June 1, 1993 enhanced the compensation to
Rs.45,000/- per acre treating the acquired land in Don I as
cultivable land. It also granted Rs.20,000/- towards the
well and statutory solatium and interest. Thus, these
appeals by special leave.
The question that arises for consideration is: whether
the High Court was justified in enhancing the compensation
to Rs.45,000/- per acre? The High Court has relied upon the
sale deed Ext.3/A dated March 16, 1981 pertaining to lead of
an extent of 25 decimals of Don-II lands and 14 decimals of
Don-I lands sold for consideration of Rs.16,000/-. It also
relied upon another sale deed of the year 1983 with value of
Rs.1,10,000/- per decimal, in other words, Rs.45,000/- per
acre. Unfortunately, neither the vendor nor the vendee has
been examined in proof of passing of the consideration under
the sale deed etc. Only a clerk of the Sub-registrar was
called as witnesses to prove the sale deeds which are the
certified copies of the sale deeds. No doubt, under Section
51-A of the Act, the certified copy of the sale deed is
admissible as evidence to get over the difficulties of the
owner of the document would not produce the original title
deeds. The clerk of the Sub-registrar has proved that
material as secondary evidence but other factors aliunde has
to be established that the sale deed offers comparable value
for determining the compensation at Rs.45,000/- per acre.
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This Court had elaborately considered and laid this
principle of law in a catena of decisions, the latest being
R.Ram Reddy & Ors. vs. Land Acquisition Officer, Hyderadad &
Urban Development Authority, Hyderabad & Ors. [(1995) 2 SCC
305]. Therefore, it needs no reiteration.
But, the fact is that the lands are situated very near
to the national highway but 4 km. away from the Jamshedpur
city. Under these circumstances, taking into consideration
the facts and circumstances, we are of the view that the
reasonable compensation would be Rs.22,000/- per acre. The
claimants are not entitled to the value of the well i.e,
Rs.20,000/- since the well was being used for irrigation of
the land. For the reason, it cannot be separately valued as
held by this Court in O.Janardhan Reddy & Ors. vs. Spl. Dy.
Collector, L.A Unit-IV, LMD, Karimnagar, A.P. & Ors. [(1994)
6 SCC 456].
The appeals are accordingly partly allowed. The market
value of lands is determined at Rs.22,000/- per acre with
solatium and interest and also additional amount as per
Section 23(2) @ 30% on the enhanced compensation, interest
under Section 28 for the first year at 9% and thereafter at
15% on the enhanced compensation from the date of taking
possession till date of deposit. They are also entitled to
the additional amount at 12% p.a. under Section 23(1-A) of
the Act from date of notification under section 4(1) till
date of award or taking possession whichever is earlier. No
costs.