Land Acquistion cases – Small chunk Land/Large Chunk Land for granting compensation – appreciation of evidence

Land Acquistion cases – Small chunk Land/Large Chunk Land for granting compensation – appreciation of evidence.

  1. On the other hand, learned counsel for the

respondent (State) placed reliance on the sale deed

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dated 14.02.1994 (EX­141) and contended that if the

price mentioned in this sale deed is relied on then it is

amply clear that the High Court has awarded the

compensation on higher side and, therefore, it

deserves to be rather reduced.

  1. In our opinion, the relevant sale deed to

determine the market value of the suit land is (EX141), which is dated 14.02.1994. This we say for two

reasons. First, it is very near to the date of acquisition

(03.03.1994); and Second, it is for a larger chunk of

land. As a matter of fact, if we only rely upon Ex­141

then perhaps the determination made by the High

Court in relation to two kinds of land can still be

reduced.

  1. Since the State has not filed any appeal against

the order of the High Court and on the other hand has

accepted the determination made by the High Court,

we need not examine the question of reducing the rate

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determined by the High Court in these appeals. It is

not legally permissible.

  1. Having examined the issue, we cannot place

exclusive reliance on Ex­P­42 as was urged by the

learned counsel for the appellants neither for restoring

the rates determined by the Civil Court and nor for

making any further enhancement in the rates

determined by the High Court.

  1. As a matter of fact, we find that Ex­P­42 is of the

year 1989 and that too of a very small piece of land. It

would not, therefore, be safe to place exclusive reliance

on this sale deed. It is more so when we find that Ex141 relied on by the learned counsel for the

respondent (State) was executed just one month prior

to the date of acquisition and is also of a large chunk

of land situated in the same village.

  1. We are also not impressed by the submission of

learned counsel when he contended that since the

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land in question is an agricultural land and, therefore,

price of small piece of land can be taken into

consideration for determining the large chunk of land.

We cannot accept this submission in the light of what

we have held above on facts.

  1. In our opinion, the High Court, therefore, rightly

took into consideration all the six sale deeds and then

on appreciation of entire evidence rightly came to a

conclusion that the rates determined by the Civil

Court in relation to Jirayat and Bagayat lands

appeared to be on higher side and hence need to be

reduced. Accordingly, the rate of Jirayat land was

reduced from Rs.1,69,231/­ per hectare to Rs.

1,26,924/­ per hectare and the rate of Bagayat land

was reduced from Rs.2,11,539/­ per hectare to

Rs.1,58,655/­ per hectare by the High Court. The

marginal reduction of the rates in two types of land,

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which is based on cogent reasoning of the High Court,

cannot, therefore, be faulted with.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.10217­10250 OF 2011 Namdeo Shankar Govardhane(D) Thr. L.Rs. & Ors. etc.etc. ….Appellant(s) VERSUS State of Maharashtra & Ors. …Respondent(s)