ANIL KUMAR SOTI versus STATE OF UTTAR PRADESH THROUGH COLLECTOR BIJNORE (UP)

Citation: [2021] 7 S.C.R. 434 · Decided: 23-11-2021 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 7 S.C.R.
ANIL KUMAR SOTI
v.
STATE OF UTTAR PRADESH THROUGH
COLLECTOR BIJNORE (UP)
(Civil Appeal No. 6919 of 2021)
NOVEMBER 23, 2021
[M. R. SHAH AND SANJIV KHANNA, JJ.]
Land Acquisition Act, 1894: s. 4 – Land acquisition – Market
value/Compensation – Determination of – Held: While determining
the market value/compensation, previous instances of acquisition
in proximity for location and potential of land acquisition along
with cumulative increase is relevant consideration – On facts, in
respect of land acquired by notification 16.05.1981, claimant
justified in seeking compensation of Rs.15,402/- per acre – Reliance
placed upon the judgment and award passed by the Reference Court
awarding compensation at Rs.15,402/- per acre, in another case
with respect to the acquisition of the land of the very same village,
by notification dated 19.12.1981, considering the sale deed
exemplar dated 23.12.1980 – Time gap between two notifications
u/s. 4 only seven months and there were no material changes during
the said period – Furthermore, judgment and award passed by the
Reference Court in that case determining the compensation at
Rs.15,402/- per acre has attained the finality and the State has
accepted the same, thus, the appellants entitled to compensation at
Rs.15,402/- per acre.
Allowing the appeal, the Court
HELD: In the instant case, notification under Section 4 of
the Land Acquisition Act, 1894 has been issued on 16.05.1981
by which the High Court has determined the compensation at
Rs.7,100/- per acre. However, 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. Having gone through the judgment and
award passed by the Reference Court in another case determining
the compensation at Rs.15,402/- per acre, the Reference Court
[2021] 7 S.C.R. 434
434
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had considered the sale deed exemplar of the year 1978.
Therefore, it is not the case that in another case the sale deed
exemplar relied upon was for the period between 16.05.1981
(acquisition of the land in the instant case) and 19.12.1981 (date
of acquisition in another case). As per the settled preposition 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 relevant
consideration. In the instant case, 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, time gap
between the two notifications under Section 4 of the Act. The
judgment and award passed by the Reference Court in that case
determining the market value/compensation at Rs.15,402/- per
acre has attained the finality and the State has accepted the same
by withdrawing the appeal against the said judgment and award.
Therefore, in the instant circumstances, the appellants would be
entitled to the compensation at Rs.15,402/- per acre with all other
statutory benefits. The impugned judgment and order passed by
the High Court is hereby modified. [Para 7, 8][437-D-H; 438-A-
D]
CIVIL APPELLATE JURISDICTION: Civil Appeal No.6919 of
2021.
From the Judgment and Order dated 16.04.2019 of the High Court
of Judicature at Allahabad in First Appeal No.440 of 1989.
Piyush Sharma, Adv. for the Appellants.
Sakha Ram Singh, Sr. Adv., Rajeev Kumar Dubey, Ashiwan
Mishra, Kamlendra Mishra, Advs. for the Respondent.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 16.04.2019 passed by the High Court of Judicature at
Allahabad in First Appeal No. 440 of 1989, by which the High Court has
partly allowed the said appeal preferred by the appellants herein – original
claimants and has determined the market value of the lands acquired at
ANIL KUMAR SOTI v. STATE OF UTTAR PRADESH
THROUGH COLLECTOR BIJNORE (UP)
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
Rs.7,100/- per acre only, original land owners have preferred the present
appeal.
2. That the appellants’ lands situated at village Rawali came to be
acquired for public purpose. A notification under Section 4 of the Land
Acquisition Act, 1894 (hereinafter referred to as the Act
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