High Court allowed the writ petitions filed by the land owners by enhancing the market value of the acquired land to Rs.2,000/- per marla and granted all statutory benefits available under the Land Acquisition Act 1894 (hereinafter referred to as the said Act). The High Court also granted the benefit of Rs.400/- at 10% per marla to the assessed amount for two years. Meaning thereby, the High Court accorded the total amount of compensation payable to the land owners at Rs.2,400/- per marla along with all statutory benefits available under the Act. The High Court dismissed the writ petitions filed by the Improvement Trust. (Para 1)
Though the Learned Senior Counsel Mr. Patwalia had sought to submit that the High Court had failed to consider the sale instance of the shop executed in close proximity of the date on which the lands in question were acquired, we do not find any merit in the said submission. The High Court has duly considered all the sale instances in the light of other evidence on record and after duly reasoning out as to why the other sale instances should not be relied upon, has relied upon the sale instances dated 31.08.1992 (Ex. P/30) and dated 14.08.1992 (Ex. P/32) which were executed in close proximity to the date on which the lands in question were acquired. The solitary sale instance of shop has rightly been ignored, the other sale instances more germane and relevant of the lands situated in nearby area of the area of acquisition being available on record. (Para 10)
The next submission made by Mr. Patwalia with regard to the one third cut imposed by the High Court has also hardly any force. The High Court after determining the market value of the lands acquired at Rs. 3000/- per marla, has deducted one third amount therefrom towards the development charges taking into consideration the settled legal position. It is well settled position of law that while determining the deduction for development charges, the courts should keep in mind the nature of land, area under acquisition, whether the land is developed or not, if developed to what extent, the purpose of acquisition etc. Though, it is true that while determining the market value of large chunk of land, the value of smaller pieces of land could be taken into consideration, however, after making appropriate deduction in the value of lands or setting apart land required for carving out roads, leaving open spaces, plotting out smaller plots etc. The percentage of deduction or the extent of area required to be set apart has to be assessed by the courts having regard to the size, shape, situation, user etc. of the lands acquired. It is essentially a kind of guess work the courts are expected to undertake. (Para 11)
When the impugned judgment of High Court reveals that the High Court has taken into consideration the relevant factors prescribed under the Act, as interpreted by this Court, the assessment of market value so determined does not warrant any interference of this Court in the appeals under Article 136 of the Constitution of India. (Para 15)
SUPREME COURT OF INDIA
2023 STPL(Web) 182 SC = 2023INSC735
Baddar Kumar Mehta (Dead) Thr. Lrs. Vs. State of Punjab and another
Civil Appeal Nos. 3992-4000/2011 With Civil Appeal No. 5218 Of 2011 With Civil Appeal No. 5219 Of 2011 With Civil Appeal No. 10693 Of 2011-Decided on 17-8-2023
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