Full Judgment Text
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PETITIONER:
THE LAND ACQUISITION OFFICER & SUB-COLLECTOR, GADWAL.
Vs.
RESPONDENT:
SMT. SREELATHA BHOOPAL & ANR.
DATE OF JUDGMENT: 21/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Though hotices have been served, respondents are not
appearing either in person of through counsel.
Leave granted.
Notification under Section 4(1) of the Land Acquisition
Act, 1894 (for short, the ‘Act’) was published on September
26, 1981 for public purpose, namely, establishment of Bus
Depot/Stand in Gadwal Town of Mehaboobnagar District in
State of Andhra Pradesh. The Land Acquisition Officer in his
award dated December 27, 1983 awarded compensation at the
rate of Rs.8.000/- per. On reference, the Civil Court by its
award and decree dated November 15, 1985, enhanced the
compensation to Rs.20/- per sq. yd. On appeal, the Division
Bench of the A.P. High Court in Appeal No.2391/86 by
judgment and decree dated August 8, 1996 has confirmed the
same. Thus, this appeal, by special leave.
The High Court has relied upon Ex.A-4 the sale wherein
related to a small piece of land, and accordingly confirmed
the market value @ Rs.20/- per sq. yd. It is now well
settled legal position that small pieces of land cannot
offer the same market value when a large track of land is
purchased in an open market by a willing and prudent
purchased in an open market by a willing and prudent
purchaser. It is settled legal position that the Court has
to put itself in the armchair of a prudent purchaser and put
the question to itself whether the land, in the given
circumstances, would fetch the same market value as is
likely to be determined by the court when small piece of
land would be offered for sale. Unfortunately, the High
Court has not adopted that principle; it has merely
proceeded to rely upon sale deed relating to a small piece
of land. We have gone through the award of the Collector.
The Collector referred to various sale deeds and ultimately
he relied upon a sale transaction and held that the lands in
the sale deed at Sl. No. 120, pertaining to survey Nos.854,
which fetched the rate of Rs.4,519-77 as on the date of the
sale, namely, December 27, 1978 was comparable one. The Land
Acquisition Officer noted that the lands therein were
converted into non-agricultural lands and the lands in
question still remained to be agricultural lands and were
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adjacent to Gadwal Town. Under these circumstances, he
awarded the market value at the rate of Rs.800/- per acre.
It is settled legal position that the burden is on the
claimant to prove by adducing acceptable evidence for higher
compensation. Having rejected Ex.A-4 relied on by High
Court, though the award of Land Acquisition Officer is not
evidence stricto sensu with a view to do substantial
Justice. We looked into it and considered the material
collected therein. Having regard to the state of evidence
and large extent of the land in question as also and the
facts, we think that the appropriate market value would be
Rs.20,000/- per acre and would be just and reasonable
compensation.
The appeal is accordingly allowed. The order of the
reference Court as confirmed by the High Court is set aside.
Instead, the award shall be substituted by Rs.20,000/- per
acre with usual solatium at the rate of 30% and interest on
enhanced compensation at the rate of 9% per annum from the
date of taking possession to the date of payment of such
enhanced compensation and at the rate of 15% thereafter till
deposit of enhanced compensation into the court. No orders
as to costs.