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IN THE HIGH COURT OF ALLAHABAD
Yatindra Singh,hemant GUPTA
UP STATE INDUSTRIAL DEVELOPMENT CORPORATION KANPUR - Appellant
Versus
BHIM SINGH - Respondents
First Appeal 646 Of 1995
Decided On : 09/16/2003
Land Acquisition - Market Value - Land Acquisition Act, 1894 - Section 4(1), Section 6, Section 23, Section 24, Section 51-A - The judgment discusses the admissibility of certified copies of sale deeds, the determination of compensation based on the market value of the land, and the relevance of reference court decisions in determining the market value. It emphasizes the importance of considering the price fetched for similar land with similar advantages and potentiality under bona fide transactions of sale at the time of notification under section 4(1) of the Act.
Fact of the Case:
A notification under section 4(1) of the Land Acquisition Act, 1894 was published for the acquisition of land for Uttar Pradesh Industrial Development Corporation. The acquiring body and the claimants filed various sale deeds to determine the market value of the land. The court below awarded compensation at a flat rate of Rs. 35.00 per sq. yard, along with solatium and interest. The acquiring body appealed disputing the market rate of the property.
Finding of the Court:
The court discussed the admissibility of certified copies of sale deeds, the determination of compensation based on the market value of the land, and the relevance of reference court decisions in determining the market value. It held that the compensation to be awarded under the Act is the market value of the land on the date of publication of notification under section 4(1) of the Act. It concluded that the claimants are entitled to a uniform rate of Rs. 15/- per sq. yard, along with solatium and interest as awarded by the court below.
Issues: 1. Admissibility of certified copies of sale deeds. 2. Determination of compensation based on the market value of the land. 3. Relevance of reference court decisions in determining the market value.
Ratio Decidendi: The compensation to be awarded under the Act is the market value of the land on the date of publication of notification under section 4(1) of the Act. The best way to find out the market value is to consider the price fetched for similar land with similar advantages and potentiality under bona fide transactions of sale at about the time of notification under section 4(1) of the Act. The court also emphasized that no extra amount is required to be awarded for the future potential of the land.
Final Decision: The appeals are partly allowed with proportionate costs. The claimants are entitled to a uniform rate of Rs. 15/- per sq. yard, along with solatium and interest as awarded by the court below.
( 1 ) THE main question involved in these appeals relates to the market value of the land acquired. FACTS
( 2 ) A notification under section 4 (1) of the Land Acquisition Act, 1894 (the Act) was published on 16. 4. 1986 in respect of 438 Bigha 16 Biswa 6 Biswansi (274. 322 acres) of land situate in village Kasna, Tehsil Dankaur district Bulandshahar. The land was acquired for Uttar Pradesh Industrial Development Corporation (the acquiring body ). The notification under section 6 of the Act was published the next day and possession of the land was taken on 3. 2. 1987.
( 3 ) THE land acquired is recorded as Jangal Avval Aabi, Jangal Avval Khaki, Jangal Doyam Aabi and Jangal Doyam Khaki in the revenue records. The SLAO passed an award on 1. 6. 1988. He considered many sale deeds but relied upon the sale deed dated 16. 10. 1985 executed by one Maniram in favour of Arjun Singh. This sale deed was for 10 Biswa Avval Aabi land and was sold for Rs. 21,000/ -. This gives a rate of Rs. 42,000/- per Bigha or Rs. 13. 80 per square yard. The SLAO deducted 25% from this value due to large area acquired. He awarded Rs. 31,500 per bigha for Avval Aabi land and then determined the value of other type of land by comparing the circle rates of different quality of land with Awal Aabi land. The market value determined by him is as follows: @@@sl. No. Quality of land Circle rate Rate per Bigha Rs. 1. Jungle Avval Aabi 4=50 31500 2. Jungle Avval Khaki 2=44 17000 3. Jungle Doyam Aabi 3=12 21040 4. Jungle Doyam Khaki 1=75 12250@@@
( 4 ) THE persons whose lands were acquired filed references. The claimants filed following five sale deeds before the court below. @@@sl. No. Date of the sale deed Name of seller Area Amount Rs. Rate per square yards Rs. Quality of land 1. 5. 11. 1985 Shiv Dayal s/o Ruggi 9 Biswa 27,000 20/- Doyam Khaki 2. 6. 2. 1986 Tota Ram s/o Chatar Singh 42 sq. m. 2000 47 Abadi land 3. 22. 4. 1987 Ram Swaroop s/o Ram Sher Khan 5 Biswa 51,000 68 Not known 4. 6. 2. 1988 Gurteg Singh s/o Mahendra Singh 3 Bigha 6-1/2 Biswa 376000 37. 5 5 6. 2. 1989 Virendra Kumar s/o Narayan Singh 17 Biswansi 122000 100 @@@
( 5 ) THE claimants have also filed the last two sale deeds alongwith application under order 41 rule 27 CPC in the leading appeal; but as these two sale deeds were already filed by some claimants in their cases and have been referred to in the judgement of the court below, we are considering them on merits.
( 6 ) THERE are four decisions of the reference courts. Two (no. 1 and 2) were filed before the court below and two (no. 3 and 4) have been filed in this court under order 41 Rule 27. These two judgements are subsequent to the decision of the court below in the present cases. @@@sl. No. LAR No. Date of notification u/s 4 of the Act Name of the village Rate of compensation per square yard Rs. 1. 160 of 1990, Ram Saran Singh vs. State 25. 2. 1989 Tugalpur 67 2. 598 of 1991 Isar Singh and others vs. State 25. 4. 1989 Haldauna 47 3 91 of 1992, Rameshwar Singh vs. State 1. 3. 1989 Kasna 65 65 4 103 of 1989, Chahat Ram vs. State 16. 4. 1986 Kasna 65@@@
( 7 ) THE claimants produced two witnesses, namely Bhim Singh (PW1), and Lalloo Mal (PW2); but they are not parties to the sale deeds filed by the claimants.
( 8 ) THE acquiring body filed four sale deeds: @@@sl. No. Date of sale deed Name of seller Area Amount Rs. Rate per square yards Rs. Quality of land 1. 28. 2. 1986 Harpal and others s/o Chandu 01/08/00 613600 3. 17 Jungle Doyam Khaki 2. 6. 1. 1986 Harbans Lal s/osumera 12/11/00 78500 2. 06 Jungle Awwal Khaki 3. 21. 8. 1986 Smt. Omwati w/o Tota Ram 0-15-0 8000 3. 52 Doyam Khaki 4 16. 10. 1985 Mani Ram s/o Nathu Singh 0-10-0 21000 13. 88 Awwal Aabi @@@
( 9 ) THE acquiring body also produced four witnesses Soran Singh DW1, Jogendra Singh DW2, Yogeshwar Pandey DW3, and PN Verma DW4. These witnesses are not parties in any sale deeds filed by the acquiring body.
( 10 ) THE court below mentioned the evidence adduced by the par
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