PARLHAD SINGH Vs. COLLECTOR ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THE land measuring 165 kanals situated at Chak Manga Rakwal, Samba owned by the appellants was acquired by respondent -1 for respondent -2. Compensation at the rate of Rs. 26,000/ - per kanal with 15% solatium was awarded by the Collector. Feeling dis -satisfied with the aforesaid rate of compensation, reference under section 18 of the Land Acquisition Act was made to the District Judge, Jammu for determining the market value of the land in question. The reference was rejected by the District Judge. This court allowed the appeal of the appellants and remanded the case for fresh determination to the District Judge, Jammu. The District Judge had after hearing the parties, determined the compensation at the rate of Rs. 26,000/ - per kanal together with 15% solatium. On fresh enquiry, the District Judge has awarded the compensation after determining the market value of the land as Rs. 50,000/ - per kanal. He has made deduction @ 40% as development charges of the area and thereby compensation @ Rs. 30,000/ - per kanal has been assessed, which is payable to the appellants . Feeling dis - satisfied with the award, the appellants have filed the present appeal.

(2.) THE controversy in the present case relates to the compensation which is payable to the appellants. The principle for determining the compensation under the Land Acquisition Act has to be done on the basis of market value of the land. What is fair and reasonable market value is always a question of fact depending upon the nature of the evidence, circumstances and probabilities in each case. The guiding factor would be the conduct of a hypothetical, willing vendor would offer the lands and a willing purchaser in normal human conduct would be willing to buy as a prudent man in normal market conditions as on the date of notification. The relevant features to determine the market value, would be the nature of the land, the quality of land, the market conditions prevailing as on the date of acquisition, potential value of the land as on date of its acquisition.

(3.) THE court is required to consider while analyzing the aforementioned exigencies as to what is true market value of the land. Some of the important methods for determination of market value of the land are as under: a) Comparable sale rates of the area where the land is situated. b) The average sale rates in the area as also its potential market value to which the land can be used; and c) The location of the land and the comparable sale rates on the date of notification.