U.P. AWAS EVAM VIKASH PARISHAD versus ASHA RAM (D) THR. LRS & ORS.

U.P. AWAS EVAM VIKASH PARISHAD versus ASHA RAM (D) THR. LRS & ORS.

Because the notification for acquisition was published on 26.6.1982, market value must be determined with reference to comparable sale instances proximate to that date and to the land concerned; sale instances nearly four or more years after the notification cannot be relied upon under s.24 of the Land Acquisition Act, 1894. The High Court erred in adopting later sale instances and subsequent judicial awards (e.g. Rs.297/- per sq. yard) as a uniform yardstick for all villages including over 1,100 acres in other, less developed villages. Applying appropriate deductions for small-plot sales and other factors, the Reference Court's determination of Rs.120/- per square yard (plus statutory...

Parties
Appellant: U.P. Awas Evam Vikash Parishad; Respondent: Asha Ram (D) through LRs & Ors.
Jurisdiction
India
Judgment Date
23 March 2021
Procedural Posture
Civil Appeal / Final Judgment of the Supreme Court (appeals Allowed)
Outcome
Appeals allowed.
Legal Topics
Determination of Market Value, Comparable Sales, Potentiality of Land, Deduction for Development Charges, Proximity of Sales to Notification Date
Land Acquisition Compensation Property Law Administrative Law Statutory Interpretation Determination of Market Value Comparable Sales Potentiality of Land +2 more

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Parties

U.P. Awas Evam Vikash Parishad

Appellant

Asha Ram (D) through LRs & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment of the Supreme Court (appeals Allowed)

Legal Issues

  1. 1 Whether market value must be determined with reference to sale instances proximate to the date of notification under s.28 of the Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 (equivalent to s.4 of the Land Acquisition Act, 1894)
  2. 2 Whether sale instances occurring several years after the notification can be relied upon under s.24 of the Land Acquisition Act, 1894
  3. 3 Role of potentiality and existing amenities in assessing market value

Ratio Decidendi

Because the notification for acquisition was published on 26.6.1982, market value must be determined with reference to comparable sale instances proximate to that date and to the land concerned; sale instances nearly four or more years after the notification cannot be relied upon under s.24 of the Land Acquisition Act, 1894. The High Court erred in adopting later sale instances and subsequent judicial awards (e.g. Rs.297/- per sq. yard) as a uniform yardstick for all villages including over 1,100 acres in other, less developed villages. Applying appropriate deductions for small-plot sales and other factors, the Reference Court's determination of Rs.120/- per square yard (plus statutory...

Court Disposition

Appeals allowed.

Orders

  • The order of the High Court dated 19.07.2019 awarding Rs.297/- per square yard is set aside.
  • The compensation awarded by the Reference Court of Rs.120/- per square yard apart from statutory benefits is restored.