IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4742 OF 2008 (Arising out of S.L.P. (C) No.6092 of 2007)

Bhimasha        ...Appellant(s)

Versus

Special Land Acquisition Officer & Anr.      ...Respondent(s)

O  R  D  E  R

Heard learned counsel appearing on behalf of the parties.

Delay condoned.

Leave granted.

The Land Acquisition Officer fixed the market value of the acquired land

at the rate of Rs.13,100/- per acre for dry land and Rs.1,000/- for phot kharab land.

On a reference made under Section 18 of the Land Acquisition Act, 1894, the Trial

Court awarded compensation at the rate of Rs.36,200/- per acre.  On appeal, the High

Court  referred  to  the  yield  notification  and  price  list  issued  by  the  competent

authority as also the average price of both the crops in relation to the relevant year

and concluded that market price of the land comes to Rs.66,550/- per acre.  However,

the High Court refused to award compensation at the said rate on the premise that

the appellant had claimed compensation at the rate of Rs.58,500/- per acre.

...2/-

- 2 -  

We have heard learned counsel for the parties and perused the record.  In

the impugned order the High Court, after taking note of the yield notification issued

by the Government and price list notified by the competent authority for crops (both

are public documents) concluded that market value of the land is Rs.66,550/- per acre.

Therefore, the appellant’s omission to make appropriate claim before the High Court

after paying the requisite court fee cannot be castigated as one lacking bona fide.  In

our view, the High Court should have, after taking note of, the peculiar facts of the

case and the market value determined by it,  awarded higher compensation to the

appellants subject to the condition of paying the balance court fee.  This, having not

been done, we feel that ends of justice could be met if the impugned order is suitably

modified.

Accordingly,  the appeal is allowed,  impugned judgment is modified and

the market value of the land fixed by the High Court is enhanced to Rs.66,550/- per

acre.  This order, however, will be subject to the payment of further amount of court

fee to be assessed by the Registry of the High Court.  After assessment, the Registry

shall intimate the deficit amount of court fee to be payable by the appellant to his

counsel, which shall be paid within two months from the date intimation is received

by the counsel from the High Court.   

No costs.  

......................J.       [B.N. AGRAWAL]

......................J.       [HARJIT SINGH BEDI]

......................J.       [G.S. SINGHVI]

New Delhi, July 31, 2008.