HARI CHAND Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THE lands of the appellants/claimants were brought under acquisition vide notification issued under Section 4 of the Act published on 9.6.98. The Land Acquisition Officer, HPPWD, Harmpur vide award No. 60 dated 12.12.2000 ordered the payment of total compensation of Rs. 68,982/ - to the claimants/appellants.

(2.) THE claimants/appellants, who were not satisfied with the award of the Land Acquisition Collector, filed Land Reference Petition before the learned District Judge, Hamirpur, under Section 18 of the Land Acquisition Act. The learned District Judge when seized of the reference petition dismissed the reference petition preferred by the appellants/claimants and held that proper compensation as per market price stood assessed by the Collector and the petitioners/appellants are not entitled for enhanced compensation.

(3.) THE learned counsel appearing for the appellants is aggrieved by the learned District Judge in his impugned award having not reckoned and taken into consideration the sale transaction comprised in Ex.PA whereby land measuring one marla was sold for a sale consideration of Rs. 50,000/ -. The learned counsel appearing for the appellants vehemently canvassed before this Court that in the face of the aforesaid exhibit pronouncing upon the factum of a bonafide sale transactions having been entered into inter se a willing buyer and a willing seller, besides when evidence exists on record manifesting the fact of the lands comprised in the sale deed aforesaid being located in close proximity to the land subjected to acquisition, the sale consideration as explicitly pronounced therein constituted a valid parameter to on its strength goad the learned District Judge to compute/reckon the market value of the land subjected to acquisition. He further contends that the reason as advanced by the learned District Judge in overlooking and benumbing the probative worth of the exhibit aforesaid, inasmuch, as its comprising a sale exemplar of a sale transaction of a small tract of land, whereas the land subjected to acquisition was of a large expanse, hence, the sale instance pertaining to a small tract of land being un -reckonable for on its strength assessing and reckoning the market value of the land subjected to acquisition, is too tenuous a reason and falters in the face of a pronouncement rendered in A. Natesam Pillai versus Special Tehsildar, Land Acquisition, Tiruchy, : (2010)9 SCC 118 wherein in paragraph No. 18, which is extracted hereinafter, the Hon'ble Apex Court has held that a sale transaction of small tracts of land can be a valuable guide or of immense assistance to, on its strength assessing compensation for large expanses of land.