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2009 (8) TMI 1248 - SC - Indian LawsDetermination of market value in regard to lands - acquisitions initiated by notifications issued u/s 4(1) of the Land Acquisition Act, 1894 ("LA Act') - acquired for (i) construction of a supplementary drain; (ii) construction of sewage treatment plant; (iii) re-modeling of drain; and (iv) planned development - awards of the reference court were challenged by the landowners - Whether valuation by the High Court is proper? - HELD THAT:- On deduction of 40% from ₹ 50790/- per bigha which the market value of small plots, the market value for the large tracts of lands acquired in December, 1981 would be ₹ 30,474/- (rounded off to ₹ 30500/-) per bigha. As the earlier three acquisitions were of the same year, but were in February and March (that is on 13.2.1981, 20.2.1981 and 13.3.1981) which are about 10 to 11 months earlier, the compensation in regard to the three earlier acquisitions is determined as ₹ 28000/- per bigha. To this extent, the award of the High Court requires to be modified. The reference court had, after referring to several sale transactions, determined the market value as ₹ 15,700/- per bigha in one case and ₹ 18,500/- per bigha in another case. On appeal by the claimants, the High Court excluded several sale transactions relied upon by the reference court as not inspiring confidence, and on the basis of a solitary transaction dated 10.9.1981 in regard to a small area of one bigha, increased the market value to ₹ 30,000/- per bigha. This Court held that the High Court erred in relying upon a single sale deed relating to a small extent of one bigha to determine the market value of a large extent of 5484 bighas. It further held that if that sale deed was excluded, there was no other evidence to support the increase in compensation made by the High Court. Consequently, this Court set aside the increase awarded by the High Court and restored the market value determined by the reference court. We accordingly increase the compensation, in regard to acquisition dated 31.12.1981 from ₹ 27000/- to ₹ 30,500/- per bigha. We also increase the compensation in regard to the acquisition dated 13.2.1981, 20.2.1981 and 13.3.1981 from ₹ 25,000/- to ₹ 28,000/- per bigha. The statutory benefits and interest awarded are not disturbed. The appeals by the claimants are partly allowed increasing the compensation. As a consequence, the cross objections by DDA seeking reduction of the compensation are rejected without going into the question whether such cross objections are maintainable.
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