P RAJAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Leave granted.

(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 was. published on 13/10/1979 acquiring a large extent of land admeasuring 7 acres, 8 cents together with a building situated in 1600 sq. mtrs. of the land. The Land Acquisition Officer awarded compensation @ Rs. 1432.50. 00 per cent, Rs. 2,35,233. 00 for the building and Rs. 24,033. 00 for the trees as well as Rs. 4,19,006. 00 for the wells. The Reference court enhanced the compensation for the land to Rs. 3,000. 00 per cent and awarded an additional amount of Rs. 1,83,783.60 towards building and Rs. 17,958. 00 as value of improvements. The respondents filed an appeal before the High court. The High court allowed the appeal of the respondent, reducing the land value to Rs. 2,000. 00 per cent. This appeal by special leave has been filed by the appellants-claimants challenging the reduction of the compensation by the High court.

(3.) The question for consideration is whether the view taken by the High court is correct in law. It is seen that the courts below have relied upon Exs. A-1, A-2, A-7 and A-9. The respondents have relied upon Exs. R-1 and R-6. Ex. A-1 is the sale deed dated 31/7/1978 pertaining to sale of an extent of 2 1/2 cents of land whose value was worked out @ Rs. 3,000. 00 per cent spoken to by AW 4. It is an admitted position that the lands covered by the said sale transaction are situated within the municipal limits in a developed area. The distance between the acquired land and the land covered by the sale deed is 2 1/2 kms. Under these circumstances, the said sale deed does not furnish any reasonable basis to determine the market value and compensation. Equally, Ex. A-2 is dated 15/11/1978 spoken to by AW 2. It is a small extent of land situated within the municipal limits which worked out at Rs. 4,000. 00 per cent. Ex. A-7 is dated 1/8/1979 and the extent of the land has not been mentioned; but it is an admitted position that it is a small piece of land purchased by AW 3 which worked out to Rs. 26,000. 00 per cent. Ex. A-9 is a post-notification sale deed dated 9/10/1980 pertaining to sale of an extent of three cents of land purchased by AW 5 which worked to Rs. 5,000. 00 per cent. This also being post-notification and being in respect of a small extent of land, does not furnish any reasonable basis for determination of the market value and compensation.