TMI Blog2004 (1) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... a land situated within the acquired land. The Land Acquisition Officer, therefore, considered that sale deed to be a relevant document and on the basis of that sale deed, awarded compensation at the rate of ₹ 15.37 per sq. yards. The respondent and other claimants whose land had been acquired filed references under Section 18. Before the Reference Court it was proved that near the acquired land there was a cold storage and a petrol pump. It was shown that the high way passed near the acquired lands. It was proved that there was a lot of building constructions going on all around the acquired land. It was thus proved that the acquired land had high potential for building construction activity. The sale deed by which the respondent had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed land in dispute. Taking into consideration, that the development had just started at the time of acquisition of the land, I think ₹ 170 per sq. yard should be proper market price of the acquired land at the time of acquisition and compensation be awarded accordingly. We have heard the parties at great length. It is settled law that one of the methods on which market value can be ascertained, is on basis of comparable sale deeds. As has been noticed, the Land Acquisition Officer had taken note of a sale deed of a land situated within the acquired land. That was a comparable sale deed. Further, the respondent had himself purchased a small portion of the acquired land and had tendered his own sale deed as evidence. Of course, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken note of one such sale deed where the price was ₹ 15.37 per sq. yard. The Reference Court also had before it the sale deed by which the respondent purchased a portion of the acquired land. As stated above the sale deed was for ₹ 15.40 per sq. yard. Section 92 of the Evidence Act precludes a party from leading evidence contrary to the terms of a written document. It was, therefore, not open to the respondent to urge that, even though his sale deed showed a price ₹ 15.40 per sq. yard the real market value was ₹ 120 per sq. yard. To permit a party to so urge would be to give a premium to dishonesty. Parties who undervalue their documents, for purpose of payment of stamp duty, cannot be allowed to then claim that thei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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