FIRST APPEAL 13870 of 2013 on 18 March 1980

1. Heard.

2. Being aggrieved by the inadequate compensation, the claimants have filed Reference U/s 18 of the Land Acquisition Act. The same is partly allowed. Aggrieved thereby, the present appeal by the State.

3. Mr.Dound, learned Asstt. Govt. Pleader states that the Court has awarded exorbitant compensation amount. The Special Land Acquisition Officer has considered all the relevant aspects of the matter and awarded reasonable amount of compensation. The sale deed relied is not in respect of similarly situated land. According to the learned counsel, the compensation for house is also granted exorbitant.

4. With the assistance of learned Asstt. Govt. Pleader, we have gone through the judgment delivered by the Reference Court. The Reference Court has awarded compensation for the land at Rs.10,400/- (Rupees ten thousand four hundred) per hectare. It would not be even at the rate of Rs.4,000/- (Rupees four thousand) per acre. The Court has relied upon the sale deed dated 18.3.1980, wherein 87 Ares was purchased for Rs.30,000/-(Rupees thirty thousand). The said land is situated very near to the acquired land. The sale transaction is also not of a small piece of land. It is more than two acres. The said evidence has been rightly considered. The sale deed is dated 18.3.1980 i.e. much prior to the notification U/s 4 of the Land Acquisition Act. For house property also a very modest sum is awarded as compensation i.e. the house property is valued at Rs.10,000/- (Rupees ten thousand) only. The Court has considered all the aspects of the matter and has awarded reasonable amount of compensation.

5. In light of that, the First Appeal is dismissed. No costs.

(A.M.BADAR,J.)(S.V.GANGAPURWALA,J.)

Dt.18.07.2014. asp/office/fast13870.13