As per the settled proposition of law, while determining the market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is a relevant consideration: Supreme Court of India
Appellants shall be entitled to the compensation for land acquired at Rs.15,402/ per acre with all other statutory benefits which may be available under the Act subject to payment of deficient Court fees if any. Such an observation was made by the Hon’ble Supreme Court of India before Hon’ble Justice M. R. SHAH & Hon’ble Justice SANJIV KHANNA in the matter of Anil Kumar Soti & Ors. vs State of U.P. through Collector Bijnore (U.P ) [CIVIL APPEAL NO.6919 OF 2021] on 23.11.2021
The fact of the case was that the market value of the lands acquired at Rs.5,218.39/ per acre only by the Land Acquisition Officer. In the instances of the claimants, a Reference was made to the District Court under Section 18 of the ACT claiming compensation of Rs.12,000/ per acre. The Reference Court enhanced the compensation from Rs.5,218.39/ per acre to Rs.6,696.70/ per acre.The appellants thereafter preferred the appeal before the High Court. The High Court has partly allowed the said appeal and has determined and awarded the compensation at the rate of Rs.7,100/ per acre. Feeling aggrieved by the above judgment the appellate preferred the instant appeal.
The Hon’ble Supreme Court of India observed that “ it is not in dispute that in the present case notification under Section 4 of the Act has been issued on 16.05.1981 by which the High Court has determined the compensation at Rs.7,100/ per acre. However, it is required to be noted that with respect to the land acquired of the very same village for which the notification under Section 4 of the Act was issued on 19.12.1981, the Reference Court in another case determined and awarded the compensation at Rs.15,402/ per acre.”
Additionally, the Hon’ble Supreme Court held that In the present case, the time gap between two notifications under Section 4 of the Act is only seven months. Nothing has been pointed out with respect to any material changes for the period between 16.05.1981 and 16.12.1981, the time gap between the two notifications under Section 4 of the Act.
Finally, the Hon’ble Supreme Court allowed the appeal and held that the appellants shall be entitled to compensation at Rs.15,402/ per acre.
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Judgment Reviewed by: Rohan Kumar Thakur