Adiveppa Hanamantappa Keri v. Special Land Acquisition Officer, Hidakal Dam
2020-12-21
HEMANT CHANDANGOUDAR
body2020
DigiLaw.ai
JUDGMENT : Hemant Chandangoudar, J. 1. Though these appeals are listed for Admission, with the consent of the parties, the same is taken up for final disposal. 2. These appeals are filed against the judgment and award dated 24.08.2017 passed by the Senior Civil Judge, Ramdurg, in L.A.C. Nos. 4 and 5 of 2015. 3. Lands bearing R. Sy. No. 36/1 measuring 39 guntas and R.Sy. No. 36/2 measuring 2 acres 3 guntas situated at Kamanakoppa village of Ramdurg Taluka were acquired by issuing a preliminary notification dated 19.05.2011 under Section 4(1) of the Land Acquisition Act (for short, 'the Act') for the purpose of construction of Bagojikoppa main canal. The Special Land Acquisition Officer passed an award fixing the market value of the lands in question at Rs. 25,304/- per acre. 4. On a petition being filed under Section 18(1) of the Act seeking for enhancement of the market value, the Reference Court fixed the market value of the lands in question at Rs. 2,60,000/- per acre. The claimants are in appeal seeking for enhancement of the compensation. 5. I have considered the submissions made by the learned Counsel for the parties and perused the material on record. 6. The Reference Court by considering the oral evidence and also the award passed in L.A.C. No. 10 of 2010 and connected cases fixed the market value of the lands in question at Rs. 2,60,000/- per acre. 7. The appellants in these appeals have filed an application for production of additional documents i.e., sale deeds dated 21.09.2015 and 16.05.2015 and also copy of the village map of Kamanakoppa village. The sale deeds, which are sought to be produced as additional documents, pertain to sale transactions in respect of the lands situated in Kamanakoppa village. The appellants are seeking for fixing the market value of the lands in question by taking into consideration the sale consideration reflected in the said sale deeds. 8. The Point for consideration is, whether subsequent sale transactions can be taken into account for purposes of determining the market value of the land in question. 9. The Apex Court in the case of in the case of Administrator General of West Bengal Vs.
8. The Point for consideration is, whether subsequent sale transactions can be taken into account for purposes of determining the market value of the land in question. 9. The Apex Court in the case of in the case of Administrator General of West Bengal Vs. Collector, Varanasi, reported in AIR 1988 SC 943 , has held thus:- "Such subsequent transaction which are not proximate in point of time to the acquisition can be taken into account for purposes of determining whether as on the date of acquisition there was an upward trend in the prices of land in the area. Further under certain circumstances where it is shown that the market was stable and there were no fluctuations in the prices between the date of the preliminary notification and the date of such subsequent transaction, the transaction could also be relied upon to ascertain be market value." 10. In the case on hand, respondent No. 2 has disputed the similarity and geographical location of the lands in question and so also of the lands which are subject matter of sale deeds which are sought to be produced by way of additional documents and also the genuineness of the sale transactions. This Court, in the absence of evidence cannot consider the sale deeds which are sought to be produced by way of additional documents for the purpose of determining the market value. It is for the appellants/claimants to establish that the sale consideration of the lands, which are the subject matter of sale deeds, can be considered for the purpose of determining the market value by adducing the evidence before the Reference Court. The market value can be fixed on the basis of the subsequent sale deeds only after considering the evidence regarding similarity of lands and also the geographical location of the lands in question and also the nature of lands which are the subject matter of said sale deeds. 11. In view of the above, the impugned judgment and award passed by the reference Court is set aside. The matter is remitted to the Reference Court for re- determining the market value of the lands in question by considering the sale deeds which are sought to be produced by way of additional documents after affording an opportunity to the parties to adduce evidence to substantiate their claim.
The matter is remitted to the Reference Court for re- determining the market value of the lands in question by considering the sale deeds which are sought to be produced by way of additional documents after affording an opportunity to the parties to adduce evidence to substantiate their claim. The Reference Court to redetermine the market value of the lands in question after examining the material on record. All contentions are kept open. The appeals stand disposed of accordingly. The Reference Court to dispose of the reference application within six months from the date of next appearance of the parties. The parties are directed to appear before the Reference Court on 21.01.2021. Registry to refund the admissible Court fee in favour of the appellants in both the appeals.