STATE OF BIHAR Vs. MADHESHWAR PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short 'the Act') was published on 16/9/1981 acquiring 3 acres 17 decimals of land for Suvamarekha Project. The Land Acquisition Officer by his award dated 3/9/1985 granted compensation at Rs. 14,445. 00 per acre. On reference, the Subordinate Judge enhanced it to Rs. 15,055. 00 per acre. Both the State as well as the claimants filed the appeals in the High court. The High court in the impugned judgment in FAs Nos. 105 and 93 of 1987 dated 1/6/1993 enhanced the compensation to Rs. 45,000. 00 per acre treating the acquired land in Don-1 as cultivable land. It also granted Rs. 20,000. 00 towards the well and statutory solatium and interest. Thus, these appeals by special leave.

(3.) The question that arises for consideration is whether the High court was justified in enhancing the compensation to Rs. 45,000. 00 per acre The High court has relied upon the sale deed Ext. 3/a dated 16/3/1981 pertaining to lead to an extent of 25 decimals of Don-11 lands and 14 decimals of Don-1 lands sold for consideration of Rs. 16,000. 00. It also relied upon another sale deed of the year 1983 with value of Rs. 1,10,000. 00 per decimal; in other words, Rs. 45,000. 00 per acre. Unfortunately, neither the vendor nor the vendee has been examined in proof of passing of the consideration under the sale deed etc. Only a clerk of the Sub-Registrar was called as witness to prove the sale deeds which are the certified copies of the sale deeds. No doubt, under Section 51-A of the Act, the certified copy of the sale deed is admissible as evidence to get over the difficulties of the owner of the document would not produce the original title deeds. The clerk of the Sub-Registrar has proved that material as secondary evidence but other factors aliunde have to be established that the sale deed offers comparable value for determining the compensation at Rs. 45,000. 00 per acre.