LexBAKHTAWAR SINGH AND ANR. ETC. ETC. versus UNION OF INDIA AND ANR.
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\ A BAKHTAWAR SINGH AND ANR. ETC. ETC. I. v. UNION OF INDIA AND ANR. NOVEMBER29, 1994 B [K. RAMASWAMY, N.P. SINGH ANDN. VENKATACHALA, JJ.) I ~ • . - LandA.cquisitionAct, 1894: Compensation-Application of the principle of average pricin1:7 - Wrong and illegal-Lands in huge parcels-Determination of market value C and award of compensation. - - D E F · Certain lands were acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer awarded a sum of Rs. 22,000 per acre for Nehrl and Chahl land and Rs. 8,000 per acre for Baran! land and Rs. 4,000 per acre for Gair-mumkln (waste) land. On reference the Addl District Judge enhanced compensation to Nebr! and Chabl lands to Rs. I . 36,000 per acre and for Gair-mumkln land at the rate or Rs. 6,000 per .; acre. On appeal Single· Judge confirmed the award of the Addl District Judge, and maintained the· deeree. In Letten Patent Appeal, the Division Bench enhanced the market value_ of Nebr! land to Rs. 37,000 per acre. Hence tbiJ appeal _.· Appellants_ contended that the LAO made the award on the same -day for the lands in Bbagu as well as other villages at the rate of Rs. -22,000 per acre for Nebr! and Chabi lands; (as In the present case) which was ultimately enhanced by the High Court to Rs. 50,000 per 'acre and affirmed by tbiJ Court In Union of India v. Zora Singh, (1992) 1 SCC673. ' DiJmisslng the appeal, this Court "- HELD : 1. Application or the principle of average price is wrong · and illegal The High Court had granted higher than the amount G - claimed pursuant to the notice under Sections 9 and 10 for the Land Acquisition Act. The evidence relied upon by the claimants relates to / sale transactions from the same acquired lands which fetched the --- maximum_ rate of Rs. 40,000 per acre when the land or 4 kanals 6 Marlas was sold. When the lands of 527 acres In huge parcels were H acquired it would be preposterous to think that they would fetch th~- 196 - B. SINGH v. U. 0. I. 197 same market value if a willing buyer bargained from a willing-vendor A for such lands. The High Court has given the maximum compensation for the lands in question. [198 F to H, 199 A] Union of India v. Zora Singh, [1992) 1SCC673, referred to. 2. The judgment of the High Court is not a part of the record. It B cannot be treated as a proper basis. There must be evidence for the purpose of determining the market value of the respective prevailing prices in each village. The situation of the lands, their quality and all other relevant facts are neces~ary and be taken into consideration to enhance the market value which are absolutely lacking in these cases, and the claimants themselves have produced the sale deeds from their C own lands. So it is not necessary to travel to other village to determine the market value of the lands in Bhagu village. If that be so, they cannot get more than Rs. 37,000 per annum as awarded by the High Court. [199 C & DJ CIVIL APPELLATE "JURISDICTION : Civil Appeal No. 3749 of D 1986 etc. etc. From the Judgment and Order dated 17 .9 .85 of the Punjab and Ha.ryana High Court in L.P. A. No. 937of1984. S.S. Javali, B.R. Naik, Dr. Meera Agarwal, R.C. Mishra for Agarwal E Mishra and Co. for the Appellants. Ujagar Singh and Naresh Bakshi for the Respondents. The following Order of the Court was delivered : F Leave granted in S.L.Ps. No. 13360/86, 8584/92, 14567/87, 14591- 92/87, 14657/87, 220119.l, 2833/91,.2835/91, 2868/91, 3175/91, 4062/91, 2136/91. Notification issued under section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was published in the State Gazette on June 8, G 1979, acquiring 527 and odd acres of land situated in Bhagualong with the lands in the villages Bibiwala, Bachu Khurd, Bachu Kalan, Gobindpura and Mehna in Bhatinda district to establish cantonment for the defence purposes at Bhatinda. The Land Acquisition Officer (for short 'the LAO') in his award dated March 30, 1981, awarded a sum of Rs. 22,000 per acre for Nehri and Chahi land and Rs. 8,000 per acre for Barani land and Rs. 4,000 H A B c D E F G H 198 SUPREME COURT REPORTS [1994] SUPP. 6 S.C.R per acre for Gair-mumkin (waste) land. On reference under section 18, the Addi. District Judge, by his award and decree dated August 6, 1983, enhanced compensation to Nehri and Chahi lands to Rs. 36,000 per acre and for Gair-mumkin land at the rate of Rs. 6,000 per acre. On appeal under
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