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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Union of India, Rep.by The Secretary To Government (Revenue) Puducherry – Appellant
Versus
A. Arokiamary, W/o. Anthonyraj – Respondent
JUDGMENT :
Heard.
2. This Appeal Suit is directed against the judgment and decree dated 24.06.2015 passed in L.A.O.P. No. 2 of 2014 by the learned District Judge, Karaikal, whereby the market value of the acquired land was enhanced from Rs. 1,500/- per Are, to Rs. 5,268/- per Are after deducting 30% with statutory benefits.
3. In this appeal, appellants are the Referring Officers and the respondent is the claimant. For the sake of convenience, the parties will be referred to in the same rank as they stood in the Reference Court.
4. The brief facts leading to the appeal are that the respondent is the owner of land in R.S. No. 302/2 of Kurumbagaram Revenue Village, measuring 01H–05A–50Ca, classified as wet land. The said land was acquired under G.O.Ms.No.131 dated 17.10.2005, for the public purpose of providing free house-site pattas to SC/OEBC families. The Section 4(1) Notification was published in newspapers, gazette and by affixture, the last date being 05.12.2005.
5. The Land Acquisition Officer, for determining the market value, examined 70 sale deeds for the one-year period prior to the Notification, rejected 64 of them and retained only 6 low-value transactions. Among these, he pa
The market value of land for compensation must be determined based on genuine transactional evidence rather than artificial valuation methods like Guideline Register Value.
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
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