HARI RAM (DECEASED) THR. HIS LRS. AND ANR. versus LAND ACQUISITION COLLECTOR CUM DISTRICT REVENUE OFFICER GURGAON AND ORS.

Citation: [2022] 15 S.C.R. 664 · Decided: 20-10-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed
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Judgment (excerpt)

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664
SUPREME COURT REPORTS
[2022] 15 S.C.R.
HARI RAM (DECEASED) THR. HIS LRS. AND ANR.
v.
LAND ACQUISITION COLLECTOR CUM
DISTRICT REVENUE OFFICER GURGAON AND ORS.
(Civil Appeal No. 7762 of 2022)
OCTOBER 20, 2022
[M. R. SHAH AND M. M. SUNDRESH, JJ.]
Land Acquisition Act, 1894 – s.4 – Compensation –
Enhancement of – Land in question came to be acquired under the
provisions of the 1894 Act for setting up of Liquified Petroleum
Gas Plant – Land Acquisition Officer determined and awarded the
compensation @ Rs.5,30,000 per acre for irrigated lands and Rs.
2,00,000/- per acre for non-irrigated lands – Reference Court fixed
compensation at Rs.5,30,000/- per acre for both irrigated as well
as the non-irrigated land – The High Court enhanced the amount
of compensation to Rs.7,00,000/- per acre – Before the High Court
and the Reference Court, the landowners had heavily relied upon
the sale exemplars/sale instances produced as Ex. P1 to Ex.P4 –
The High Court discarded the sale instances Exs. P1, P3 and P4
relied upon on behalf of the landowners by observing that there is
a price variation between the sale deeds produced as Ex. P1 and
the sale deeds produced as Exs. P3 and P4, thus opined that sale
deeds produced as Exs. P3 and P4 are not genuine – On appeal,
held: The sale deeds Exs. P1, P3 and P4 were by and/or in favour
of a company and the variation in the prices mentioned in the Exs.
P1, P3 and P4 cannot be a ground to hold Exs. are not genuine –
Exs. P3 and P4 are with respect to the smaller parcel of land
considering that there has to be a proper deduction – Looking at
Location, potentiality and the purpose of acquired lands, not much
development was required like the housing scheme and/or as required
for other similar purposes, therefore, if 35% is deducted considering
the evaluation with respect to Sale Deed at Ex. P4, the same can be
said to be just, reasonable and proper compensation to the original
landowners – Therefore, the original landowners shall be entitled
to Rs. 12,16,800/- per acre towards compensation for the lands
acquired – High Court judgment and order is modified to the said
extent.
[2022] 15 S.C.R. 664
664
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665
Partly allowing the appeals, the Court
HELD: 1. The reasoning given by the High Court
discarding the sale exemplars/sale instances produced as Exs.
P1, P3 and P4, this court is of the opinion that the High Court has
committed a very serious error in discarding the sale instances/
sale exemplars produced as Exs. P3 and P4. The High Court has
not properly appreciated the fact that so far as the sale deed Ex.
P1 is concerned, the same was executed by a company in favour
of a private person and on the other hand, the sale deeds Exs. P3
and P4 were executed in favour of a company. Therefore, when
after purchasing the land, a company had sold the land the prices
are bound to be higher. Merely because the sale deeds Exs. P1,
P3 and P4 were by and/or in favour of the company and there was
variation in the prices mentioned in the Exs. P1, P3 and P4 cannot
be a ground to hold that the sale exemplars Exs. P3 and P4 are
not genuine and therefore required to be discarded. [Para 7][668-
A-C]
2. It will be safe to rely upon and/or consider the sale deeds
produced as Exs. P3 and P4. However, at the same time,
considering the fact that the Sale Deeds produced as Exs. P3 and
P4 are with respect to the smaller parcel of land, there has to be
a proper deduction on the ground of smaller area of the land and
development. Looking to the location and the potentiality of the
lands acquired and as the acquired lands were required to be
used for Liquified Petroleum Gas Plant, not much development
was required like the housing scheme and/or as required for other
similar purposes, therefore, if 35% is deducted considering the
evaluation with respect to Sale Deed at Ex. P4, the same can be
said to be just, reasonable and proper compensation to the original
landowners. Therefore, the original landowners shall be entitled
to Rs. 12,16,800/- per acre towards compensation for the lands
acquired. To the aforesaid extent, the impugned common
judgment and order passed by the High Court is required to be
modified. [Para 8][668-D-F]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7762
of 2022.
HARI RAM (DECEASED) THR. HIS LRS. v. LAND ACQUISITION
COLLECTOR CUM DIST. REVENUE OFFICER GURGAON
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666
SUPREME COURT REPORTS
[2022] 15 S.C.R.
From the Judgment and Order dated 27.02.2019 of the High C
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