MUNUSAMY versus THE LAND ACQUISITION OFFICER

MUNUSAMY versus THE LAND ACQUISITION OFFICER

In absence of other comparable sales, the sale deed Ex.C1 dated 11.01.1990 (5½ cent sold for Rs.16,375 i.e. Rs.2,977 per cent) is a usable comparable; however because it was for a very small parcel the Court applied a 60% deduction to that rate and fixed market value at Rs.1,191 per cent; appellant entitled to compensation at Rs.1,191 per cent with statutory benefits.

Parties
Appellant: Munusamy; Respondent: The Land Acquisition Officer
Jurisdiction
India
Judgment Date
29 September 2021
Procedural Posture
Civil Appeal / Judgment on Appeal by Supreme Court
Outcome
Partly allowed
Legal Topics
Compensation Assessment, Comparable Sale Evidence, Market Value Determination, Section 4 and Section 6 Notifications, Reference Under Section 18
Land Acquisition Property Law Compensation Assessment Comparable Sale Evidence Market Value Determination Section 4 and Section 6 Notifications Reference Under Section 18

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Parties

Munusamy

Appellant

The Land Acquisition Officer

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal by Supreme Court

Legal Issues

  1. 1 Whether sale deed dated 11.01.1990 executed by the landowner is a comparable sale for assessing market value
  2. 2 Whether a sale of a small parcel in favour of a relative can be relied upon for fixation of market value
  3. 3 Whether and what deduction should be applied when relying on a small-area comparable sale to determine compensation

Ratio Decidendi

In absence of other comparable sales, the sale deed Ex.C1 dated 11.01.1990 (5½ cent sold for Rs.16,375 i.e. Rs.2,977 per cent) is a usable comparable; however because it was for a very small parcel the Court applied a 60% deduction to that rate and fixed market value at Rs.1,191 per cent; appellant entitled to compensation at Rs.1,191 per cent with statutory benefits.

Court Disposition

Partly allowed

Orders

  • Appellant entitled to compensation for the land acquired at Rs.1,191 per cent with all statutory benefits under the Land Acquisition Act
  • Impugned judgment and order dated 30.07.2008 in A.S. No.1222 of 2001 is modified to the aforesaid extent