The Patna High Court, while allowing an appeal filed against the impugned judgment and award dated 21.12.1988, passed by the Subordinate Judge-II-cum-Land Acquisition Judge, Land Acquisition Case, held that the sale statement, without examining the vendors or vendees, cannot be relied upon. Neither the vendor nor the vendee of the sale deed was examined by the State. As such, the learned trial court had committed illegality in calculating the compensation based on the sale statement.
Brief Facts:
Five acres of land of the appellant was acquired, vide notification dated 15.02.1966, under the provision of Section 4(1) of the Land Acquisition Act, 1894. On behalf of the appellant, an objection under Section 5A of ‘the Act’ was filed, which was rejected, and thereafter, the declaration under Section 6 of ‘the Act’ was issued on 11.11.1966 as it was for public purpose. The alternative land was suggested by the appellant through the second objection petition dated 27.07.1966. Both applications were rejected by the Additional Collector.
Contentions of the Appellant:
Learned Counsel for the Appellant submitted that inadequate compensation was awarded to him by the State Government. She argued that while calculating the compensation, the learned authorities had taken into account the sale statement of another village and only based on the sale statement of another village, even without examining the vendor or vendee, the compensation based on the sale statement was ascertained and the learned court below also committed illegality in relying upon the sale statement for calculation of the land in question.
Contentions of the Respondents:
Learned Counsel for the Respondents submitted that the learned court below did not commit illegality while calculating the compensation based on the sale statement. He argued that the sale statement relates to village Dharmangtpur, which is adjacent to village Mohammadpur Gokul, and the nature of the land of Mohammadpur Gokul and Dharmangtpur are exactly similar.
Observations of the Court:
The Court noted that it is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement of another village, Dharmangtpur.
The Court observed that the sale statement, without examining the vendors or vendees, cannot be relied upon. Neither the vendor nor the vendee of the sale deed was examined by the State. As such, the learned trial court had committed illegality in calculating the compensation based on the sale statement. Two examples of sale deeds were given in evidence by the appellant for the calculation of fair and adequate compensation. The learned court below rightly refused Ext.1, which is a sale deed dated 27.01.1967, as it was after the notification under Section 4(1) of ‘the Act’. The notification was published on 15.02.1966, as such, there is nothing on records at all on the basis whereof the calculation of adequate compensation can be made, except a certified copy of the sale deed dated 13.01.1966 of the same village executed by Raghuraj Singh.
The decision of the Court:
The Patna High Court, allowing the appeal, held that the quantum of compensation should be calculated on the basis of the certified copy of the sale deed dated 13.01.1966 of the same village.
Case Title: Daya Shankar Prasad Thakur vs The State Of Bihar
Coram: Hon’ble Justice Nawneet Kumar
Case No.: First Appeal No.502 of 1989
Advocate for the Appellant: Mrs. Sheela Sharma
Advocate for the Respondents: Mr. U.S.S. Singh
Read Judgment @LatestLaws.com
Picture Source :
