TMI Blog1998 (1) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... n under Section 6 of the Act, the Land Acquisition Officer passed an award on 28.2.1981 determining the compensation payable in respect of the lands in question. He grouped the lands into five categories and paid at different rates of compensation. So far as lands which were classified by him as non agricultural, he fixed a compensation of ₹ 50/- per sq. yard to the rest of the groups depending upon their locations. He also classified certain lands as agricultural lands and awarded a compensation of ₹ 9375/- per acre and ₹ 13,334 /- per acre depending upon their locations. On a reference made under Section 18 of the Act to the Civil Court, the award made by the Land Acquisition Officer was modified having found that classi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred by the Land Acquisition Officer. In challenging this order made by the High Court Shri Nageshwar Rao, learned counsel for the appellant submitted that the High Court and the Reference Court relied upon Ex. B- 30 which is a sale deed dated 9.8.1976 under which 100 sq. feet of land had been sold. neither the High Court nor the Reference Court ought to have relied upon this document since the land situated was far away from the lands in question. Apart form the fact that it was only a small piece of land which had been sold whereas a vast tract of land measuring over 10 acres was acquired under the Notification in question, he also pointed out that even assuming that the rate mentioned in Ex. B-30 could be taken into consideration i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reed in Ex. B- 30 is situated very close to the lands that are acquired under the Notification in question the Reference Court and the High Court relied upon the said document and, in our view, rightly. Further when no sales of comparable land was available where large chunks of land had been sold, even land transactions in respect of smaller extent of land could be taken note of as indicating the price that it may fetch in respect of large tracts of l and by making appropriate deductions such as for development of the land by providing enough space for roads, sewers, drains, expenses involved in formation of a lay out, lumsum payment as also the waiting period required for selling the sites that would be formed. The argument advanced by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se aspects we are of the view that the High Court should have reduced the price arrived at by the Reference Court at ₹ 100/- per sq. yard by atleast 40 per cent. In the circumstances of the case, we hold that the market value fixed at ₹ 100/- sq. yard relying upon Exb. B- 30 , the sale deed, to be correct. However, we reduce the compensation payable to ₹ 60/- per sq. yard computing the whole of the land under acquisition in the two cases on the aforesaid basis. The respondents are entitled to the statutory benefits as awarded by the courts below. The award made by the Reference Court as modified by the High court shall stand further modified as indicated by us in the course of the Order. The appeals are allowed in part. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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