Case Note & Summary
The case pertains to the acquisition of land by U.P. Avas Evam Vikas Parishad (the appellant) under the Land Acquisition Act, 1894 for a housing scheme. The notification under Section 4(1) was issued on 29.9.1979, and the declaration under Section 6 was made on 20.12.1980. The Land Acquisition Officer passed an award on 11.10.1984, fixing compensation at Rs.29.08 per sq. yard. Dissatisfied, the respondents-claimants sought a reference under Section 18 to the Civil Court. The Reference Court (District Judge, Bulandshahr) in L.A.R. No.128 of 1987 enhanced the compensation to Rs.99 per sq. yard by judgment dated 19.12.1994, along with statutory benefits. The appellant filed a First Appeal before the Allahabad High Court, which was dismissed on 19.01.2010 without re-appreciating the evidence. The appellant then appealed to the Supreme Court. The Supreme Court noted that the High Court had not re-appreciated the evidence as required in a First Appeal. However, considering that the notification was issued as early as 1979, the Court decided to examine the evidence itself rather than remit the matter. The Court observed that the Land Acquisition Officer had admitted that the acquired land was adjacent to Abadi and suitable for residential houses, and spot inspection revealed residential and commercial buildings nearby. Sale deeds prior to the notification showed market values ranging from Rs.100 to Rs.200 per sq. yard. The Reference Court, after considering the evidence, fixed the market value at Rs.99 per sq. yard. The Supreme Court held that this fixation was just, reasonable, and represented the true market value as on the date of the Section 4(1) notification. Consequently, the appeals were dismissed.
Headnote
A) Land Acquisition - Compensation - Market Value - Section 4(1), Land Acquisition Act, 1894 - The Supreme Court upheld the market value fixed by the Reference Court at Rs.99 per sq. yard for land acquired under a housing scheme, considering sale deeds of comparable lands ranging from Rs.100 to Rs.200 per sq. yard prior to the notification, and the location of the land within municipal limits near residential and commercial buildings. Held that the fixation was just and reasonable (Paras 8-10). B) Land Acquisition - First Appeal - Re-appreciation of Evidence - Section 54, Land Acquisition Act, 1894 - The High Court dismissed the First Appeal without re-appreciating the evidence, but the Supreme Court, instead of remitting the matter, examined the evidence itself due to the age of the case (notification dated 29.9.1979). Held that the High Court's failure to re-appreciate evidence did not warrant interference as the Reference Court's findings were supported by evidence (Paras 8-10).
Issue of Consideration
Whether the High Court erred in dismissing the First Appeal without re-appreciating the evidence on record, and whether the market value fixed by the Reference Court at Rs.99 per sq. yard is just and reasonable.
Final Decision
The Supreme Court dismissed all the appeals, upholding the market value fixed by the Reference Court at Rs.99 per sq. yard along with statutory benefits. The Court held that the fixation was just, reasonable, and represented the true market value as on the date of the Section 4(1) notification.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Reference Court
- First Appeal
- Re-appreciation of Evidence
