In Brief
A landowner challenged the High Court's determination of compensation for 1.80 acres acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer had assessed compensation at Rs.160 per cent; the Reference Court enhanced it to Rs.2,183.33 per cent based on a sale deed (Ex.C1) dated 11.01.1990 showing a small adjacent parcel sold at Rs.2,977 per cent; the High Court reduced it to Rs.232.45 per cent. The Supreme Court held that Ex.C1, though involving a small parcel and the land owner's relative, was admissible as a comparable sale executed before the acquisition notice. Applying a 60% deduction appropriate for parcel-size difference, the Court fixed compensation at Rs.1,191 per cent with all statutory benefits, partly allowing the appeal and modifying the High Court judgment.", <parameter name="obiter">["The manner in which both the Reference Court and High Court dealt with and decided the matters was unsatisfactory, though instead of remanding the matter to the Reference Court or High Court for fresh consideration, the Supreme Court decided the appeal on merits on the basis of material and evidence on record.", "Nothing on record suggested that at the time when the sale deed Ex.C1 was executed on 11.01.1990, the parties were aware that the land in question would be acquired in the nearby future; the Section 4 Notification was first issued and published on 27.09.1990."]
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