Summary
The land-compensation award was set aside because a claimant’s sale of a single biswa after initiation of litigation had been used to value the much larger acquisition, while another alleged comparable sale was not adequately addressed. Fresh references were directed, permitting further evidence. The additional-interest award was also set aside, but the claim for the pre-notification possession period remained open for independent determination.
Issues
- Whether the small sale transaction supplied a reliable basis for valuing the acquired tract.
- What should follow for additional interest and compensation already paid when the valuation award was set aside.
Held
- The relied-on sale involved only one biswa, its vendor was himself a claimant, and the transaction followed filing of the writ seeking acquisition. In this setting it was erroneous to use it to fix Rs.7 lakh per bigha for the 18–15 bigha acquisition. (¶ 14)
- The State’s alleged comparable sale in an adjoining village had not been adequately considered. Where same-village comparables are unavailable, relevant adjoining-village sales or other recognised valuation methods may be examined. (¶ 14)
- Fresh consideration by the Reference Court was required within six months of judgment. Both sides could adduce further oral and documentary evidence. (¶ 15)
- The additional-interest award fell with the valuation award. Entitlement for the period between possession and notification remained open for independent decision under law, without any opinion on merits. Amounts already paid were subject to the Reference Court’s further orders. (¶ 15–16)
Result
State appeals allowed; High Court judgment and reference award set aside. References remitted for fresh awards within six months. Claimants’ appeals dismissed without costs; pre-notification interest claim left open and payments subject to further orders.