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Thursday, January 29, 2015

the land is surrounded by housing societies, industrial zone, offices, college campus, roads, bus service, other transport facilities and marketing facilities. G.I.D.C. is hardly 500 meters away from the acquired land which forms part of Municipal area, hence, it was contended that the area is virtually a part of Patan Municipality for all purposes. The agricultural land possesses high potentiality to be used for residential and commerce purposes.= In our view, we have to consider the sale instances available for the third group of matters. In the peculiar facts and circumstances, it would have been appropriate to deduct approximately 30% of the amount for development etc. Further deduction for determining the valuation of the land was not called for. In our opinion, it would be appropriate and just to award compensation at the rate of Rs.100/- per sq.m. for entire land.

      the  land  is  surrounded  by  housing   societies,
industrial  zone,  offices,  college  campus,  roads,  bus  service,   other
transport facilities  and  marketing  facilities.  G.I.D.C.  is  hardly  500
meters away from the acquired land  which  forms  part  of  Municipal  area,
hence, it was  contended  that  the  area  is  virtually  a  part  of  Patan
Municipality  for  all  purposes.  The  agricultural  land  possesses   high
potentiality to be used for residential  and  commerce  purposes.
 The High Court has found that  comparable  sale  instances  in  the
third group of matters are in the shape of sale-deed Ex. 45, 46 and 47.  The
price per square meter comes to Rs.118.34, Rs.119.47 and 104.93.  The  lands
which  were  sold  were  non-agricultural  land.  The   High   Court   while
considering  the  aforesaid  sale-deeds,  after  deducting  30%  value   for
determining the price of the agricultural  land  per  sq.m.  and  thereafter
adding 10% from the date of sale-deed to  the  date  of  notification  under
Section 4 of the Act, has arrived at a finding that the price per sq.m.  for
land would come to Rs.108/-, Rs.101/- and  Rs.89/-  respectively,  averaging
approximately Rs.100/- per sq.m.  Further deduction of 10%  from  the  value
so arrived at as land is large chunk, the price per  sq.m.  on  strength  of
said sale deeds had been arrived at Rs.97, Rs. 90 and Rs.  80  respectively.
However, considering the sale-deeds filed  for  the  purpose  of  first  and
fourth group of matters had averaged the price and thus it  has  arrived  at
value of Rs.60/- for agricultural  land  and  Rs.78/-  for  non-agricultural
land.   In our view, we have to consider the  sale  instances  available
for the third group of matters. In the peculiar facts and circumstances,  it
would have been appropriate to deduct approximately 30% of  the  amount  for
development etc. Further deduction for  determining  the  valuation  of  the
land was not called for. In our opinion, it would be  appropriate  and  just
to award compensation at the rate of Rs.100/- per sq.m. for entire land.

NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.474 OF 2013

Patel Jathabhai Punajbhai                    ... Appellant(s)

Vs.

North Gujarat University & Anr.               ... Respondents

WITH

C.A.  No.  475/2013;   C.A.  No.  476/2013;  C.A.  No.  477/2013;  C.A.  No.
478/2013; C.A. No. 482/2013; C.A. No. 483/2013; C.A. No. 484/2013; C.A.  No.
485/2013; C.A. No. 487/2013; C.A. No. 514/2013; C.A. No. 515/2013; C.A.  No.
517/2013; C.A. No. 518/2013; C.A. No. 519/2013; C.A. No. 520/2013; C.A.  No.
521/2013; C.A. No. 522/2013; C.A. No. 523/2013; C.A. No. 526/2013; C.A.  No.
527/2013; C.A. No. 528/2013; C.A. No.  529/2013;  C.A.  No.  1339/2013;  and
S.L.P. [C] Nos.16925-16936/2013.



                               J U D G M E N T

ARUN MISHRA, J.


1.    The appeals arise out of the third group of matters wherein  a  common
judgment and order dated 7.8.2012 has been  passed  by  the  High  Court  of
Gujarat at Ahmedabad, determining the compensation for agricultural land  at
the rate of Rs.60/- per sq.m. and for non-agricultural land at the  rate  of
Rs.78/- per sq.m. situated at village  Samalpati  and  Matarwadi  of  Taluka
Patan acquired vide notification dated 23.5.1987 issued under Section  4  of
the Land Acquisition Act, 1894 (hereinafter referred to as  'the  Act')  for
the  purpose  of  campus  of  North   Gujarat   University.   The   modified
notification under Section 4 had been issued on  13.8.1987.  The  award  was
passed on 21.9.1990 determining the price from Re.1/- to  Rs.5/-  per  sq.m.
On a reference being made under section 18 of the Act, the  Reference  Court
determined the compensation at Rs.109.30  per  sq.m.  for  the  agricultural
land and Rs.184/- per sq.m. for non-agricultural land. On appeal,  the  High
Court has reduced the compensation, as  aforesaid.  Aggrieved  thereby,  the
claimants have come up in appeals before us.
2.          The main question for our consideration is : what would  be  the
compensation to be awarded on the date of notification under  section  4  of
the Act.
3.          It  is  not  in  dispute  that  around  the  land  in  question,
development has already been made.  Nearby  to  the  land  in  question  are
colleges like Polytechnic, Arts, Science and Commerce. On the  Eastern  side
of the land  is  the  State  Highway  Deesa-Patan-Chanasma-Viramgam  and  on
Southern side of the road is the road to enter Patan city.  Railway  station
is also nearby. On the Western side in the nearby area are bus  stand,  T.V.
relay centre, Telephone and telegraph head office.
4.           In  short,  the  land  is  surrounded  by  housing   societies,
industrial  zone,  offices,  college  campus,  roads,  bus  service,   other
transport facilities  and  marketing  facilities.  G.I.D.C.  is  hardly  500
meters away from the acquired land  which  forms  part  of  Municipal  area,
hence, it was  contended  that  the  area  is  virtually  a  part  of  Patan
Municipality  for  all  purposes.  The  agricultural  land  possesses   high
potentiality to be used for residential  and  commerce  purposes.  The  High
Court has found out that the area  touches  the  extended  limits  of  Patan
city. Reliance has been placed on Ex. D-87 and D-88, the sale-deeds  of  the
area at 500 metres of distance where the land was sold on 10.12.1985 at  the
rate of Rs.239.20 per sq.m., after applying 10%  increase  on  the  date  of
notification under Section 4, the  market  value  of  non-agricultural  land
comes to Rs.275.08 per sq.m. and on the strength of sale-deed Ex. D-88,  the
price would come to Rs.184.04 per sq.m.  It  was  also  submitted  that  the
highest consideration fetched in the exemplar sale-deed ought to  have  been
taken into consideration for determining the just compensation.
5.          Per contra, adequate compensation has been worked out. The  High
Court has rightly reduced the compensation as determined  by  the  Reference
Court considering the fact that the land  acquired  was  a  large  chunk  of
land.
6.          In the instant case, the  Land  Acquisition  Officer,  Reference
Court as well as the High Court, in the peculiar facts and circumstances  of
the case, have determined the compensation on the  basis  of  price  of  the
land at per sq.m.  The area in question is not within the  municipal  limits
but adjacent to the extended limits of Patan  municipality.  The  fact  that
various educational institutions, houses, railway station,  bus  stands  and
other  offices  are  in  close  vicinity  and  the  entire  land   has   the
potentiality like that of non-agricultural land on the date of  notification
under Section 4 of the Act, is not disputed.
7.          In the appeals,  we  are  concerned  with  the  third  group  of
matters. The High Court has found that  comparable  sale  instances  in  the
third group of matters are in the shape of sale-deed Ex. 45, 46 and 47.  The
price per square meter comes to Rs.118.34, Rs.119.47 and 104.93.  The  lands
which  were  sold  were  non-agricultural  land.  The   High   Court   while
considering  the  aforesaid  sale-deeds,  after  deducting  30%  value   for
determining the price of the agricultural  land  per  sq.m.  and  thereafter
adding 10% from the date of sale-deed to  the  date  of  notification  under
Section 4 of the Act, has arrived at a finding that the price per sq.m.  for
land would come to Rs.108/-, Rs.101/- and  Rs.89/-  respectively,  averaging
approximately Rs.100/- per sq.m.  Further deduction of 10%  from  the  value
so arrived at as land is large chunk, the price per  sq.m.  on  strength  of
said sale deeds had been arrived at Rs.97, Rs. 90 and Rs.  80  respectively.
However, considering the sale-deeds filed  for  the  purpose  of  first  and
fourth group of matters had averaged the price and thus it  has  arrived  at
value of Rs.60/- for agricultural  land  and  Rs.78/-  for  non-agricultural
land.
 8.         In our view, we have to consider the  sale  instances  available
for the third group of matters. In the peculiar facts and circumstances,  it
would have been appropriate to deduct approximately 30% of  the  amount  for
development etc. Further deduction for  determining  the  valuation  of  the
land was not called for. In our opinion, it would be  appropriate  and  just
to award compensation at the rate of Rs.100/- per sq.m. for entire land.

9.    Reliance placed by the appellants on sale-deeds Ex. 87 and  88  is  of
no avail as they are with respect to the area inside the extended limits  of
the municipality.  We have comparable sale deeds Ex. P45 to 47 of  the  area
in question itself.

10.   Consequently, appeals are partly allowed, the compensation  determined
by the High Court with respect to the third group of matters is modified  to
the aforesaid extent.


11.   Coming to S.L.P. [C] Nos.16925-36/2013, in respect of other  group  of
matters, admittedly no appeal or cross-objection was  preferred  as  against
the order passed by the Reference Court to the High Court.  The  High  Court
has, thus, rightly declined to enhance the compensation.  We agree with  the
reasons given by the High Court and dismiss the SLPs.
No costs.


.................................CJI
                                        (H.L. Dattu)





...................................J.
                                        (A.K. Sikri)



New Delhi;                          ....................................J.
January 28, 2015.                       (Arun Mishra)

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