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Smt. Nantu Rani Majumder @ Pintu ... vs The Land Acquisition Collector
2022 Latest Caselaw 1009 Tri

Citation : 2022 Latest Caselaw 1009 Tri
Judgement Date : 5 December, 2022

Tripura High Court
Smt. Nantu Rani Majumder @ Pintu ... vs The Land Acquisition Collector on 5 December, 2022
                                           Page - 1 of 14


                                  HIGH COURT OF TRIPURA
                                        AGARTALA

                                    LA App. No.01 of 2021

Smt. Nantu Rani Majumder @ Pintu Rani Majumder,
W/o late Dinabandhu Majumder, resident of Hrishyamukh, P.O Hrishyamukh, P.S
Belonia, Dist. South Tripura
                                                   ----- Claimant Appellant(s)
                                           Versus
1. The Land Acquisition Collector, South Tripura, Belonia,
O/o the LA Collector, South Tripura, Belonia.
2. The Director of School Education,
Govt. of Tripura, O/o Director of School Education, Shiksha Bhavan, Office Lane,
Agartala, West Tripura, PIN 799001
                                                           -----OP Respondent(s)

                                    LA App. No.02 of 2021

Sri Debabrata Majumder,
Son of late Dinabandhu Majumder, resident of Hrishyamukh, P.O Hrishyamukh, P.S
Belonia, Dist. South Tripura
                                                      ----- Claimant Appellant(s)
                                           Versus
1. The Land Acquisition Collector, South Tripura, Belonia,
O/o the LA Collector, South Tripura, Belonia.
2. The Director of School Education,
Govt. of Tripura, O/o Director of School Education, Shiksha Bhavan, Office Lane,
Agartala, West Tripura, PIN 799001
                                                           -----OP Respondent(s)

For Appellant(s)                           :        Mr. Samarjit Bhattacharjee, Advocate.
For Respondent(s)                          :        Mr. P. Gautam, Advocate.
                                                    Mr. S. Saha, Advocate.
Date of Hearing                            :        16th November, 2022.
Date of Pronouncement                      :        5th December, 2022.
Whether fit for reporting                  :        YES

                                        B_E_F_O_R_E_
                        HON‟BLE MR. JUSTICE S.G. CHATTOPADHYAY
                                      JUDGMENT & ORDER

                        The facts and law involved in both of the appeals being identical,

they are taken up together for disposal by a common judgment.

LA App. No.01 of 2021
LA App. No.02 of 2021
                                            Page - 2 of 14


[2]                     Heard Mr. S. Bhattacharjee, learned counsel appearing for the

appellants. Also heard Mr. P. Gautam, learned advocate appearing for respondent

No.1 as well as Mr. S. Saha, learned advocate appearing for respondent No.2.

[3]                     The present appeals have been filed by the original claimants

seeking to challenge the judgment and award dated 08.05.2019 passed by the

learned Land Acquisition Judge, South Tripura, Belonia (Learned LA Judge for short)

in LA (Ref.) No.76 of 2017 and LA (Ref.) No.77 of 2017 whereby the learned LA

Judge enhanced the compensation awarded by the LA Collector for acquisition of

their land from Rs.80,000/- to Rs.3,40,000/- per kani along with other statutory

benefits.

[4]                     Aggrieved claimants have preferred these        appeals claiming

compensation at the rate of Rs.80,00,000/- per kani.

[5]                     Mr. S. Bhattacharjee, learned counsel appearing for the claimant

appellants submits that the land in question was acquired for extension of the

existing playground of Hrishyamukh H.S. school in Hrishyamukh mouja. According

to learned counsel, the school is situated in an ideal location having easy access to

the main roads and surrounded by commercial buildings and other institutions.

Moreover, considering the shape and utility of the land, it has been acquired for the

purpose of extension of the playground of the H.S. school. Counsel, therefore,

contends that the learned LA Judge should have considered the fact that the land is

of great potential value, inasmuch as, it is situated at an ideal location having main

roads on all sides and other amenities like proximity with health care centres,

banks, shops etc.

[6]                     Further contention raised by the learned counsel of the appellants

is that the assessment note of the LA Collector would indicate that several sale

LA App. No.01 of 2021
LA App. No.02 of 2021
                                            Page - 3 of 14


transactions were considered for the acquired land. One of those sale transaction in

Sl. No.4 of the assessment note of the LA Collector is sale deed No.1-232/09 dated

11.02.2009 which represents the rate of Rs.10,00,000/- per kani of a land situated

at a distance of only 100 meters away from the acquired land. Counsel contends

that since in the assessment note it is reflected that land at a distance of 100

meters from the acquired land is rated Rs.10,00,000/- per kani, the LA Collector

should not have taken a different course without justifying the same. In the course

of his submissions, Mr. S. Bhattacharjee, learned counsel has submitted that the

sale instances which have been examined by the government also include sale deed

No.1-1303 dated 19.09.2009 which is rated Rs.80,00,000/- per kani. Counsel

contends that the government did not consider those deeds on the ground that the

land of those deeds are far away from the acquired land but nowhere in the

assessment note, distance between those lands and the acquired land has been

mentioned. Counsel argues that the sale transaction representing the highest value

at the relevant time should be preferred to the rest unless there are strong

circumstances justifying a different course. Counsel has argued that none of these

parameters were taken into consideration either by the LA Collector or by the

learned LA Judge and therefore, the judgment rendered by the learned LA Judge is

completely erroneous which should be set aside.

[7]                     Mr. Bhattacharjee, counsel of the appellants further submits that

since the land was in proper shape and well developed, it was acquired for

extension of school playground where the students would be able to play any

outdoor game without any difficulty or hazard. Counsel contends that since the

acquired land was a well developed land, the learned LA Judge should not have

made 66% deduction to the value of the land determined by him. Counsel contends

LA App. No.01 of 2021
LA App. No.02 of 2021
                                             Page - 4 of 14


that since the acquired land is a fully developed land which has been acquired for

extension of the playground of an educational institution falls within the purview of

"no deduction" and as such the deduction made by the learned LA Judge is wholly

erroneous. In support of his contention, Mr. Bhattacharjee, learned counsel has

relied on the decision of the Apex Court in the case of Trishala Jain & Anr. vs.

State of Uttaranchal & Anr. reported in (2011) 6 SCC 47 wherein the Apex

Court in paragraphs 41 and 42 has observed as under on the point of deduction:

                                "41. The cases where the acquired land itself is fully
                                developed and has all essential amenities before acquisition,
                                for the purpose for which it is acquired requiring no
                                additional expenditure for its development, falls under the
                                purview of cases of "no deduction". Furthermore, where the
                                evidence led by the parties is of such instances where the
                                compensation paid is comparable, i.e. exemplar lands have all
                                the features comparable to the proposed acquired land,
                                including that of size, is another category of cases where
                                principle of "no deduction" may be applied. These may be the
                                cases where least or no deduction could be made. Such cases
                                are exceptional and/or rare as normally the lands which are
                                proposed to be acquired for development purposes would be
                                agricultural lands and/or semi or haphazardly developed
                                lands at the time of issuance of notification under Section
                                4(1) of the Act, which is the relevant time to be taken into
                                consideration for all purposes and intents for determining the
                                market value of the land in question.
                                42. This Court in Bhagwathula Samanna v. Tahsildar & Land
                                Acquisition Officer, [(1991) 4 SCC 506], stated that it is
                                permissible to take into account exemplars of even small
                                developed plots for determining the value of a large tract of
                                land acquired, if the latter is also fully developed with all the
                                facilities requiring little or no further development. In the
                                facts and circumstances of that case the Court felt that it was
                                not appropriate to resort to deduction of 1/3rd value of the
                                comparable sale instances as development charges."

[8]                     Counsel has also contended that the learned LA Judge did not

appreciate the fact that the LA Collector examined various bonafide sale

transactions proximate to the point of acquisition for determination of value of the

acquired land. In the assessment note, it has been clearly indicated that among the

several exemplars examined by the LA Collector, the highest of the exemplars is

deed No.1-1301 which is rated at Rs.1,00,00,000/- per kani. Counsel contends that

LA App. No.01 of 2021
LA App. No.02 of 2021
                                             Page - 5 of 14


since it was bonafide transaction, the LA Collector should have considered the

same. In support of his contention, counsel has relied on the decision of the Apex

Court in the case of Mehrawal Khewaji Trust (Registered), Faridkot & Ors.

vs. State of Punjab & Ors. reported in (2012) 5 SCC 432 wherein the Apex

Court has held as under:

                                "16. This Court in Anjani Molu Dessai v. State of Goa, (2010)
                                13 SCC 710, after relying upon the earlier decisions of this
                                Court in M. Vijayalakshmamma Rao Bahadur (1969) 1 MLJ 45
                                (SC) and Hans Raj (1994) 5 SCC 734 held in para 20 as under:
                                [Anjani Molu Desai case (2010) 13 SCC 710]
                                       "20. The legal position is that even where there are
                                       several exemplars with reference to similar lands,
                                       usually the highest of the exemplars, which is a bona
                                       fide transaction, will be considered."
                                Again, in para 23, it was held that "the averaging of the
                                prices under the two sale deeds was not justified."
                                17. It is clear that when there are several exemplars with
                                reference to similar lands, it is the general rule that the
                                highest of the exemplars, if it is satisfied that it is a bona fide
                                transaction, has to be considered and accepted. When the
                                land is being compulsorily taken away from a person, he is
                                entitled to the highest value which similar land in the locality
                                is shown to have fetched in a bona fide transaction entered
                                into between a willing purchaser and a willing seller near
                                about the time of the acquisition. In our view, it seems to be
                                only fair that where sale deeds pertaining to different
                                transactions are relied on behalf of the Government, the
                                transaction representing the highest value should be
                                preferred to the rest unless there are strong circumstances
                                justifying a different course. It is not desirable to take an
                                average of various sale deeds placed before the
                                authority/court for fixing fair compensation."

[9]                     On the issue of reduction of the market value of the acquired land

by the learned LA Judge on the ground of development charges, Mr. Bhattacharjee,

learned counsel of the appellant submits that deduction of 66% of the value of the

land for development charges made by the learned LA Judge is not sustainable

since the learned LA Judge did not consider the parameters laid down in various

judicial decisions for such deduction. Counsel has relied on the judgment of the

Hon'ble Apex Court in the case of Reddy Veerana vs. State of Uttar Pradesh &

Ors. reported in AIR 2022 SC 2225 to nourish his contention that a land which is
LA App. No.01 of 2021
LA App. No.02 of 2021
                                     Page - 6 of 14


fully developed, 66% deduction of the market value is not justifiable under any

circumstances. The Hon'ble Apex Court in the said judgment has held as under:

                        "28. Be as it may, it is uncontroverted from the material
                        available on record that, the scheduled piece of land was
                        allotted by NOIDA to respondent No. 7 in absence of formal
                        acquisition, whereafter, the said scheduled land was
                        developed in the line of commercial hub and even a mall was
                        constructed on it. Hence, in our considered opinion,
                        the quantum of deduction of development charges
                        should     have     been evaluated by High Court from the
                        contextual perspective of all the relevant factors, which
                        clearly has not been done in the instant case. Nevertheless, to
                        cure the anomaly, it is trite at this juncture to refer to the
                        doctrine enunciated by this Court in case of „Bhagwathula
                        Samanna v. Special Tahsildar and Land Acquisition Officer,
                        (1991) 4 SCC 506: (AIR 1992 SC 2298)‟, wherein while
                        dealing with the question of principle of deduction in the land
                        value, this Court held as follows -

                        "11. The principle of deduction in the land value covered by
                        the comparable sale is thus adopted in order to arrive at the
                        market value of the acquired land. In applying              the
                        principle, it is necessary to consider all relevant facts. It
                        is not the extent of      the  area    covered     under    the
                        acquisition which is the only relevant factor. Even in the vast
                        area there may be land which is fully developed having
                        all amenities and situated in an advantageous position. If
                        smaller area within the large tract is already developed and
                        suitable for building purposes and have in its vicinity roads,
                        drainage,    electricity, communications     etc.   then    the
                        principle of deduction simply for the reason that it is part of
                        the large tract acquired, may not be justified.
                        12. .....The land involved in these cases is of even level and
                        fit for construction without the necessity of levelling
                        or reclamation. The High Court has itself concluded on the
                        evidence that the lands covered by the       acquisition     are
                        located by the side of the National Highway and the
                        Southern Railway Staff Quarters with the town planning trust
                        road on the north. The neighbouring areas are already
                        developed ones and houses have been constructed, and the
                        land has potential value for being used as building sites.
                        Having found that the land is to be       valued      only    as
                        building    sites   and     having stated the advantageous
                        position in which the land       in question     lies    though
                        forming part of the larger area, the High Court should
                        not have applied the principles of deduction. It is not in every
                        case that such deduction is to be allowed.         Where     the
                        acquired land is in the midst of already developed
                        land with amenities of roads, electricity etc., the


LA App. No.01 of 2021
LA App. No.02 of 2021
                                    Page - 7 of 14


                        deduction in the value of the comparable land is not
                        warranted.
                        13. The proposition that large area of land cannot
                        possibly fetch a price at the same rate at which small plots
                        are sold is not absolute proposition and in given
                        circumstances it would be permissible to take into account
                        the price fetched by the small plots of land. If the larger
                        tract of land because of advantageous position is capable of
                        being used for the purpose for which the smaller plots are
                        used and is also situated in a developed area with little or no
                        requirement of further development, the principle of
                        deduction of the value for purpose of comparison is not
                        warranted. With regard to the nature of the plots involved in
                        these two cases, it has been satisfactorily shown on
                        the evidence on record that the land has facilities of road and
                        other amenities and is adjacent to a developed colony and in
                        such circumstances, it is possible to utilize the entire
                        area     in question as house sites. In respect of the land
                        acquired for the road,           the same advantages are
                        available,    and    it    did    not   require     any further
                        development. We, are, therefore, of the view that the High
                        Court has erred in applying the principle of deduction
                        and reducing the fair market value of land from Rs 10
                        per sq. yard to Rs 6.50 per sq. yard. In our opinion, no such
                        deduction is justified in the facts and circumstances of
                        these cases. The appellants, therefore, succeed."
                        29. Further, this Court in „Trishala Jain v. State of
                        Uttaranchal, (2011) 6 SCC 47 : (AIR 2011 SC 2458) ‟,
                        while dealing with determination of compensation and
                        deduction of development charges held as under -
                        "44. It is thus evident from the above enunciated
                        principle that the acquired land has to be more or
                        less developed land as its developed surrounding areas,
                        with all amenities and facilities and is fit to be used for
                        the purpose for which it is acquired without any further
                        expenditure, before such land could be considered for
                        no deduction. Similarly, the sale instances even of smaller
                        plots could be considered for determining the market value of
                        a larger chunk of land with some deduction unless,
                        there was comparability in potential, utilization, amenities
                        and infrastructure with hardly any distinction. On such
                        principles each case would have to be considered on its own
                        merits.

                        Further, this Court in „Kasturi and Ors. v. State of
                        Haryana, (2003) 1 SCC 354 : (AIR 2003 SC 202) ‟, while
                        dealing with various factual factors to be taken into
                        consideration while applying the cut in payment of
                        compensation towards developmental charges held as under
                        -

LA App. No.01 of 2021 LA App. No.02 of 2021 Page - 8 of 14

"7. ........However, in cases of some land where there are certain advantages by virtue of the developed area around, it may help in reducing the percentage of cut to be applied, as the developmental charges required may be less on that account. There may be various factual factors which may have to be taken into consideration while applying the cut in payment of compensation towards developmental charges, may be in some cases it is more than 1/3rd and in some cases less than 1/3rd. It must be remembered that there is difference between a developed area and an area having potential value, which is yet to be developed. The fact that an area is developed or adjacent to a developed area will not ipso facto make every land situated in the area also developed to be valued as a building site or plot, particularly when vast tracts are acquired, as in this case, for development purpose."

The aforesaid judgments postulate general factors that are to be taken into consideration for deciding the quantum of deduction of development charges. As iterated above, such factors majorly include the nature of land to be acquired, the extent of area to be acquired, the extent of development in the adjoining land as well as land proposed to be acquired, the commercial potentiality and so on. Therefore, deduction of development charge in the instant case should have been made while considering the said factors. However, it is made clear that this observation is being made in peculiar facts of the present case and not in general."

[10] Mr. S. Bhattacharjee, learned counsel of the appellants, therefore,

urges the Court to set aside the judgment and award passed by the learned LA

Judge and enhance the amount of compensation payable to the appellants for

acquisition of their land in terms of the ratio decided by the Hon'ble Apex Court in

the judgments cited to supra.

[11] Counsel appearing for the LA Collector (respondent No.1) and the

State counsel representing respondent No.2 have supported the judgment and

award rendered by the learned LA Judge. According to learned counsel, learned LA

Judge having relied on the sale transaction representing the highest value has

determined the compensation payable to the claimant appellants at the rate of

Rs.10,00,000/- per kani and following the established principles of deduction, made

LA App. No.01 of 2021 LA App. No.02 of 2021 Page - 9 of 14

appropriate deductions on development charges of the acquired land. Counsel

contends that the impugned judgment is well founded and there is no ground to

interfere with the said judgment. Counsel, therefore, urges the Court for dismissing

the appeals.

[12] Considered the submissions of learned counsel representing the

parties and perused the entire record.

[13] Claimant Smt. Nantu Rani Majumder who is the appellant in LA

App. No.01 of 2021 has examined herself as PW-1 before the trial court in LA (Ref.)

No.76 of 2017. It has been stated by her that 0.11 acres Nal class of land from CS

plot No.4143/6816 in Hrishyamukh mouja, Belonia sub-division has been acquired

from her for the purpose of extension of the playground of Hrishyamukh H.S.

school. She has further stated that in the course of hearing before the LA Collector,

she submitted several sale instances to show that at the relevant time, value of the

acquired land was much higher than the rate proposed by the LA Collector. She

claimed that the acquired land was inseparable from the existing playground of the

school and as per the valuation chart prepared by the District Administration, value

of the land at that time was Rs.70,00,000/- per kani. According to her, for 0.11

acres of land, she was entitled to Rs.19,25,000/- at the rate of Rs.70,00,000/- per

kani.

During her cross-examination, she produced the certified copy of

the maps of sheet No.6 and 4 which was marked as Exbt.1 and 2 respectively. The

valuation chart produced by her was marked as Exbt.3. The cross-examiner

suggested to her that compensation assessed by the LA Collector was adequate

which was denied by her.

LA App. No.01 of 2021 LA App. No.02 of 2021 Page - 10 of 14

[14] In the said LA(Ref.) No.76 of 2017 which has culminated into LA

App. No.01 of 2021, the respondents adduced the evidence of only 1 (one) DW

who is a Revenue Inspector in the office of the LA Collector. In his examination-in-

chief, he stated that pursuant to the requisition received from the Directorate of

School Education, land measuring 0.11 acres was acquired from the appellant for

extension of existing playground of Hrishyamukh H.S. school. Appellant claimed

Rs.80,00,000/- per kani but the LA Collector determined compensation at the rate

of Rs.80,000/- per kani.

[15] In LA (Ref.) No.77 of 2017 which has culminated into LA App.

No.02 of 2021, appellant Debabrata Majumder gave almost same evidence as PW-

1. He stated that 0.43 acres of land classified as Nal from CS plot No.4144/3096

was acquired from him for the same purpose viz. for extension of the playground of

the Hrishyamukh H.S. school for which he was given compensation by the LA

Collector at the rate of Rs.80,000/- per kani. He claimed compensation at the rate

of Rs.70,00,000/- per kani and according to him, he would be entitled to

Rs.75,25,000/- for 0.43 acres of land.

During his cross-examination, he got the same documents admitted

into evidence as Exbt.1, Exbt.2 and Exbt.3.

[16] On behalf of the respondents, the same person appeared as DW-1

and gave verbatim evidence.

[17] The learned LA Judge took up 5 (five) references together including

LA (Ref.) No.76 of 2017 and LA (Ref.) No.77 of 2017 from which the present

appeals have arisen and by a common judgment and award dated 08.05.2019,

decided those appeals. Learned LA Judge relied on sale deed No.1-232/09 dated

11.02.2009 appearing in Sl. No.4 of the assessment note of the LA Collector and

LA App. No.01 of 2021 LA App. No.02 of 2021 Page - 11 of 14

held that land of the said sale instance was proximate to the acquired land and the

said sale transaction represented the highest value. But, the learned LA Judge

deducted 66% from the price of the land towards development charges of the

acquired land and thereby reduced the amount to Rs.3,40,000/- per kani for the

acquired land and awarded compensation to the claimant appellants accordingly

along with other statutory benefits. At this juncture, it would be appropriate to

reproduce the relevant part of the judgment of learned LA Judge which reads as

under:

"12. The purpose of acquisition in this case is, however, quite different from the above noted case law and in the instant case, land was acquired for extension of existing play ground of Hrishyamukh H.S. School. So, definitely the acquired land being Nal land as well as not far away from the main road has got its own potentiality. From the evidence on record, I find that the deed as mentioned in Sl.No.4 of the assessment note was consulted by the L.A. Collector while determining the compensation and the value of the lands in the deed was Rs.10,00,000/- per kani. But finally the L.A. Collector assessed the value of the Nal class of land as Rs.80,000/- per kani and @ Rs.1,12,000/- per kani. So, relying the decision in Chandrashekar (D) by Lrs. And Ors. v. Land Acquisition Officer, Gulbargo & Anr., 2012 AIR SCW 73 for the first component under the head of development I consider deduction of 33% should be made. Likewise for the second component under the head of development a further deduction of 33% can additionally be made. So total deduction of (33 + 33) = 66% is taken up here to calculate the compensation as the just and reasonable one. In this case the deed No.1-232 dated 11-02-2009 as mentioned in Sl. No.4, shows that the class of land is Nal and the rate per kani is Rs.10,00,000/- and it is within 200 meters from the acquired land. The acquired land is also of Nal class. So, the deed No.1-232 dated 11-02- 2009 as mentioned in Sl. No.4 being the highest exemplar and executed prior to the notification cannot be ignored. Thus, I accept the deed.

13. The lands of Deed No.1-232 as mentioned in Sl. No.4 of the assessment note bear a value @ Rs.10,00,000/- per kani and it is the highest exemplar deed of this case. So, if I deduct 66% thereof as deduction then rate is reduced to Rs.3,40,000/- per kani which is thus taken to be the value of the acquired land at the time of acquisition. The claimants of these five cases are thus entitled to get compensation @ Rs.3,40,000/- per kani. The referring claimants are thus entitled to get all other statutory benefits and accordingly all the issues are decided in favour of the referring claimants.

LA App. No.01 of 2021 LA App. No.02 of 2021 Page - 12 of 14

ORDER

14. Now, therefore, the references are allowed. The referring claimants in all these cases are entitled to get enhanced compensation @ Rs.3,40,000/- (Rupees three lakhs forty thousand) only per kani for the acquired land. In addition the referring claimant are also entitled to get 30% Solatium, and 12% further enhanced amount of compensation upon the said land value computing from the date of notification under section 4 of the L.A. Act, 1894 upto the date of award by Collector or the date of taking possession of land whichever is earlier, upon the excess amount of land value as per section 23(2) and section 23(1-A) of the Act respectively. The claimants shall further get interest @9% per annum from the date of taking over possession for one year and thereafter @15% per annum after expiry of said one year till payment upon said excess amount of compensation as per section 28 of the Act. As per law laid down by Hon‟ble Supreme Court in General Manager, Oil and Natural Gas Corporation Ltd. v. Rameshbhai Jivanbhai Patel & Anr., 2008 AIR SCW 5947, the interest will also be counted on additional amount as awarded under section 23(1A) above and upon the solatium awarded under section 23(2) of the Act. Each of the claimant will also get Rs.1000/- as cost under section 27 of the Act. The Opposite Party is liable to make the payment to the referring claimants."

[18] It is true that even though the claimant appellants have claimed

that they produced several sale instances during the trial of the case, but none of

such sale instances has been admitted into evidence. But undisputedly, 9 (nine)

sale instances have been examined by the LA Collector for determining the

compensation of the acquired land. Those sale deeds represent the different value

ranging from Rs.16,000/- per kani to Rs.1,00,00,000/- per kani. Admittedly, land of

sale deed No.1-232/09 dated 11.02.2009 appearing in Sl. No.4 in the assessment

note is within 100 meters from the acquired land. The distance between the land of

the other sale instances and the acquired land is not known because there is no

reflection on this point in the assessment note. Neither the appellants nor the

respondents have adduced any evidence in this regard. Therefore, the sale deed

No.1-232 of 2009 dated 11.02.2009 is the most reliable sale exemplar in terms of

its proximity to the acquired land. The said deed is also representing the highest

value. Therefore, there is no wrong in the judgment of the learned LA Judge,

LA App. No.01 of 2021 LA App. No.02 of 2021 Page - 13 of 14

inasmuch as, the learned LA Judge relied on the said sale exemplar. The Hon'ble

Apex Court in Sri Rani M. Vijayalakshrnamrna Rao Bahadur, Ranee of

Vuyyur vs. the Collector of Madras reported in (1969) 1 MLJ 45 (SC) held as

under:

".......where sale deeds pertaining to different transactions are relied on behalf of the Government, that representing the highest value should be preferred to the rest unless there are strong circumstances justifying a different course. In any case we see no reason why an average of two sale deeds should have taken in this case."

[19] But, insofar as the deductions made by the learned LA Judge

towards development charges of the acquired land is concerned, the learned LA

Judge erred in deducting 66% from the value of the land towards development

charge.

[20] Uncontrovertedly, the land of the claimant appellants has been

acquired for extension of the playground of the H.S. school. Level of the land is

equal to the level of the existing playground and the shape of the acquired land is

also same with the shape of the existing playground. It is not a case of either of the

parties that the acquired land has to be developed to bring it into shape in order to

make it suitable as a playground of the school. The land does not require any

levelling. It does not also require any expenditure for any other purpose like

creation of civic amenities such as electricity, water etc. Deduction can be applied

only on account of carrying out these development activities. Since, the acquired

land does not involve any expenditure for such development activities, it was

improper to deduct 66% from the value of the acquired land. Even then, some

expenditure is likely to be incurred to integrate the acquired land with the school

playground. Therefore, the deduction towards development charges of the acquired

land is reduced from 66% to 10%.

LA App. No.01 of 2021 LA App. No.02 of 2021 Page - 14 of 14

[21] Thus, the award passed by the learned LA Judge by the impugned

judgment is enhanced to Rs.10,00,000/- per kani from which 10% deduction shall

be made towards development charges of the acquired land. The claimant

appellants shall be entitled to all other benefits awarded by the learned LA Judge.

[22] In terms of the above, the appeals stand disposed of. The

respondents are directed to deposit the entire decretal amount in terms of this

judgment with the Registry of this Court within a period of 6 (six) weeks from today

after deduction of the amount already paid by them, if any. On deposit of the

award, the Registry shall disburse the same to the appellants by transferring the

amount to their individual bank accounts on verification of their identity.

Interim order(s), if any, shall stand disposed of.

JUDGE

Rudradeep

LA App. No.01 of 2021 LA App. No.02 of 2021

 
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