UNION OF INDIA Vs. MANGATU RAM

JUDGEMENT

(1.) In CA. Nos. 3816, 3818-35, 4070-4139, 3947, 4157-58, 4036-69, 4033-35, 3936-46/97 (@ SLP Nos. 1013, 1545-1662, 3004-73, 19017, 8255-56/95, 2947-80, 2920-22 and 16892-902/96)

(2.) Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the 'Act') was published on June 18, 1984. The Land Acquisition Collector classified the lands into four blocks, viz., A, B, C and D and awarded compensation at the rate of Rupees 60,000/-, Rs. 40,000/-, Rs. 25,000/- and Rupees 15,000/- respectively. The total of 3781 kanals and 2 marlas and 1138 kanals and 11 marlas of land was acquired and compensation was accordingly granted. On reference under Section 18, the Additional District Judge classified the lands as Classes 'A' and 'B' and awarded the compensation @ Rs. 1,00,000/- for Class 'A' and @ Rs. 50,000/- for Class 'B'. On appeal, the learned Single Judge of the High Court granted uniform rate of compensation @ Rs. 1,05,000/-. The Division Bench heard L.P.A. No. 664/91 and batch and dismissed the appeals on January 5, 1994. Thus, these appeals by special leave.

(3.) The question that arises for consideration is; whether the view of the High Court in not making any belting and granting uniform rate of compensation for all the lands is correct principle of law We find that the High Court has adopted absolutely incorrect principle of law. It is seen that several fake deeds have been filed, in particular as per Ex. BA spoken through PW 3, 16.7 kanals of land were sold for Rs. 1,40,000/-. It is settled legal position that it is the duty of the Court to sit in the arm chair of a willing and prudent purchaser and seek answer to the question whether he would purchase the lands offered for sale with the existing features, at the same market value proposed by the Court. It is also settled law that though determination involves some guess work, it must have reasonable basis and feats of imagination should be eschewed. It is salutary duty of the Court to award reasonable and adequate compensation. The plan has been placed before us. The Land Acquisition Officer has marked the lands in red colour the lands classified as 'A' and 'B' class lands in green colour.