1995 (7) TMI 366 - SC - Indian Laws

Determination of market value of land - When genuine and reliable sale deeds of small extents were considered to determine market value, the same will not form sole basis to determine market value of large track of lands. Sufficient deduction should be made to arrive at the just and fair market value of large track of land.

Summary

Issues:
1. Calculation of compensation under the Land Acquisition Act, 1894.
2. Deduction towards developmental charges in determining market value.
3. Application of precedents regarding deduction for developmental charges.

Analysis:
The Supreme Court addressed the issue of compensation calculation under the Land Acquisition Act, 1894, in a case involving the acquisition of land for planned development by the Andhra Pradesh Housing Board. The notification for land acquisition was issued in 1980, and the compensation was initially fixed at Rs. 43,000 per acre after deducting 1/3rd towards developmental charges. The Subordinate Judge later enhanced the compensation to Rs. 1,20,000 per acre, deducting 1/4th towards developmental charges. On appeal, the High Court upheld the market value but deducted 40% of the value for developmental charges based on smaller sale deeds. The appellant contended that a uniform rate of 1/3rd deduction was upheld in previous cases, but the Court disagreed, stating that necessary deductions must be made considering the specific circumstances of the case.

Regarding the deduction towards developmental charges, the Court cited precedents to support the High Court's decision to deduct 40% for developmental charges based on smaller sale deeds. The Court emphasized the need to consider the specific context of the acquisition, such as the purpose of the acquisition and the size of the plots involved. The Court highlighted that when relying on sale deeds of smaller extents to determine market value of larger tracks of land, sufficient deductions should be made to ensure a fair assessment of compensation.

In analyzing the application of precedents regarding deduction for developmental charges, the Court distinguished cases where deductions were made for undeveloped large extents of land from the present case involving developed areas. The Court referenced previous judgments to support the High Court's decision to deduct 40% towards developmental charges based on the specific circumstances of the acquisition. The Court emphasized the importance of considering the genuine and reliable sale deeds of small extents in determining the market value of larger tracks of land and upheld the High Court's decision in this matter based on established legal principles.

Ultimately, the Supreme Court dismissed the appeals, stating that based on the legal principles and precedents cited, there was no justification for interference in the High Court's decision. The Court concluded that the ratio in previous cases regarding deduction of developmental charges for undeveloped large extents of land did not apply to the specific circumstances of this case, and therefore, the High Court's decision was upheld.