THE REVENUE DIVISIONAL OFFICER & ANR. versus ISMAIL BHAI AND OTHERS

Citation: [2022] 8 S.C.R. 837 · Decided: 22-11-2022 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Disposed off

Judgment (excerpt)

A
B
C
D
E
F
G
H
837
   [2022] 8 S.C.R. 837
837
THE REVENUE DIVISIONAL OFFICER & ANR.
v.
ISMAIL BHAI AND OTHERS
(Civil Appeal Nos. 8727-28 of 2022)
NOVEMBER 22, 2022
[S. ABDUL NAZEER AND J.K. MAHESHWARI, JJ.]
Land Acquisition Act, 1894 – Compensation – Computation
of, by High Court – When not proper – Held: Acquired land of the
village is a prominent area within the vicinity of the city of
Hyderabad – It was acquired 40 years back in the year 1981 and
the compensation was decided by LAO after litigating in courts only
@ Rs. 6 per sq. yards – Land acquired is now in the heart of city of
Hyderabad where the cost of the land has increased more than 100
times – Value of the said land cannot be computed at the rate less
than Rs. 250/- per sq. yard which is supported by the evidence
brought on record by the land owners – Therefore, High Court
committed error in computing the compensation @ Rs.100 per sq.
Yard – Further, development of the city has already taken place –
Land owners, whose land has been utilized 40 years back, now
cannot be compelled to pay the development charge for the
development which has already taken place, only for a parcel of
land to which they have not given compensation up to decades –
Impugned judgment passed by High Court set aside – Order of
Reference Court restored.
Disposing of the appeals, the Court
HELD: 1.1 After having heard learned senior counsel for
the parties and on perusal of the material brought on record, it is
apparent that the acquisition of land was made in the year 1981.
Indisputably, the land acquired is situated in a highly developed
area of the twin cities having amenities of water, electricity,
drainage, telephone, transport etc. The only sale deed filed by
the claimants Exb. A-1 dated 21.09.1981 of village Bahadurpur
which is of adjacent village because no sale deed of village Attapur
in the said year was executed. As per topo sketch Exb. A-4, the
A
B
C
D
E
F
G
H
838
SUPREME COURT REPORTS
[2022] 8 S.C.R.
distance between the two villages Bahadurpur and Attapur is 1320
meters. The value of the said land as per said sale deed was Rs.
200/- per sq. yard. Exbs. A2 and A3 are the decrees passed in
two cases in which the compensation has been fixed @ Rs. 250/
- per sq. yard of the land acquired at the same time. The said
documents find support from the testimony of PW-1 and PW-2.
The departmental witness RW2 in his statement admitted that in
Katedan Village, an industrial estate is situated at the distance of
3 ½ k.m. from Attapur Village. The Agricultural University,
National Police Academy is also nearby. The High Court of Andhra
Pradesh is also situated within a distance of 3 K.M. from the land
acquired. The said land is required for laying the filter beds for
Nehru Zoological Park. The evidence as produced by the land
owners has not been rebutted by filing any document. On the
contrary, the departmental witness has admitted before the
Reference Court that the acquired land of the village is a prominent
area within the vicinity of the city of Hyderabad. In absence of
having any material on record, the Reference Court rightly relied
on Exb. A-1 sale deed of adjacent Village Bahadurpur. The
acquired land may have been situated in Village Attapur but it is
adjacent to Village Bahadurpur, where the land value was fixed
as Rs. 200 per sq. yard. While granting the compensation of the
adjacent piece of land, the Court decided value @ Rs. 250/- per
sq. yard as mentioned in decrees Exbs. A-2 & A-3. The D.O.
letter of Revenue Development Officer dated 28.8.1991
acknowledges minimum value @ Rs. 200 per sq. yard on the date
of acquisition. It is also relevant to observe that after sending
the matter for mediation, Joint Memorandum of Compromise was
entered into by the Revenue Divisional Officer, wherein the
Mediator fixed the rate @ Rs. 350/- per sq. yard in place of Rs.
500/-per sq. yard as agreed by the Revenue Department. In
Recall Petitions, the said joint memorandum of compromise was
challenged only on the ground that such compromise was signed
without permission of the superior officer without challenging
that the value of land as offered is on higher side. Therefore, the
High Court committed an error in computing the compensation
@ Rs. 100 per sq. yard ignoring the unrebutted documents
produced by the land owners and without any cogent material on
record, by applying reverse calculation. As per the testimony of
A
B
C
D
E
F
G
H
839
the departmental witness RW-2, it is clear that the 

Excerpt shown. Read the full judgment & AI analysis in Lexace.