08 August 1996
Supreme Court
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STATE OF BIHAR Vs MADHESHWAR PRASAD

Bench: RAMASWAMY,K.
Case number: C.A. No.-010915-010916 / 1996
Diary number: 76252 / 1994


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PETITIONER: THE STATE OF BIHAR

       Vs.

RESPONDENT: MADHESHWAR PRASAD

DATE OF JUDGMENT:       08/08/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCALE  (6)287

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      Notification under Section 4(1) of the Land Acquisition Act, 1894  (for short  the ’Act’) was published on September 16,  1981   acquiring  3  acres  17  decimals  of  land  for Suvarnarekha Project.  The Land  Acquisition Officer  by his award  dated  September  3,  1985  granted  compensation  at Rs.14,445/- per  acre. On  reference, the  Subordinate Judge enhanced it  to Rs.15,055/- per acre. Both the State as well as the  claimants filed  the appeals  in the High Court. The High Court  in the  impugned judgment in FA No.105 and 93 of 1987  dated  June  1,  1993  enhanced  the  compensation  to Rs.45,000/- per  acre treating the acquired land in Don I as cultivable land.  It also  granted Rs.20,000/-  towards  the well  and  statutory  solatium  and  interest.  Thus,  these appeals by special leave.      The question  that arises for consideration is: whether the High  Court was  justified in enhancing the compensation to Rs.45,000/-  per acre? The High Court has relied upon the sale deed Ext.3/A dated March 16, 1981 pertaining to lead of an extent  of 25 decimals of Don-II lands and 14 decimals of Don-I lands  sold for  consideration of Rs.16,000/-. It also relied upon another sale deed of the year 1983 with value of Rs.1,10,000/- per  decimal, in  other words, Rs.45,000/- per acre. Unfortunately,  neither the  vendor nor the vendee has been examined in proof of passing of the consideration under the sale  deed etc.  Only a  clerk of  the Sub-registrar was called as  witnesses to  prove the  sale deeds which are the certified copies  of the sale deeds. No doubt, under Section 51-A of  the Act,  the certified  copy of  the sale  deed is admissible as  evidence to  get over the difficulties of the owner of  the document  would not produce the original title deeds. The  clerk  of  the  Sub-registrar  has  proved  that material as secondary evidence but other factors aliunde has to be established that the sale deed offers comparable value for determining the compensation at Rs.45,000/- per acre.

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    This Court  had elaborately  considered and  laid  this principle of  law in a catena of decisions, the latest being R.Ram Reddy & Ors. vs. Land Acquisition Officer, Hyderadad & Urban Development  Authority, Hyderabad & Ors. [(1995) 2 SCC 305]. Therefore, it needs no reiteration.      But, the  fact is that the lands are situated very near to the  national highway  but 4 km. away from the Jamshedpur city. Under  these circumstances,  taking into consideration the facts  and circumstances,  we are  of the  view that the reasonable compensation  would be  Rs.22,000/- per acre. The claimants are  not entitled  to the  value of  the well i.e, Rs.20,000/- since  the well was being used for irrigation of the land.  For the reason, it cannot be separately valued as held by  this Court in O.Janardhan Reddy & Ors. vs. Spl. Dy. Collector, L.A Unit-IV, LMD, Karimnagar, A.P. & Ors. [(1994) 6 SCC 456].      The appeals  are accordingly partly allowed. The market value of  lands is  determined at  Rs.22,000/- per acre with solatium and  interest and  also additional  amount  as  per Section 23(2)  @ 30%  on the enhanced compensation, interest under Section  28 for the first year at 9% and thereafter at 15% on  the enhanced  compensation from  the date  of taking possession till  date of  deposit. They are also entitled to the additional  amount at  12% p.a. under Section 23(1-A) of the Act  from date  of notification  under section 4(1) till date of  award or taking possession whichever is earlier. No costs.