Summary
The Court increased land-acquisition compensation to Rs.1,191 per cent with available statutory benefits. A small-plot sale by the owner to a relative could not be discarded solely because of that relationship, absent evidence that the parties anticipated acquisition. Although its small extent required adjustment, its proximity in time and location made it usable in the absence of a better comparable transaction. A 60% deduction was applied in the particular circumstances. The Court decided the merits rather than remanding the inadequately reasoned valuation decisions.
Issues
- Whether a small-plot sale to a relative could be used to value the acquired land.
- What adjustment and compensation were justified on the evidence available.
Held
- The sale could not be rejected solely because the vendor was the claimant and the purchaser his relative. There was no material showing awareness of impending acquisition when it was executed. Its proximity in time and situation supported its use in the absence of another suitable comparable. (¶¶ 7, 7.2)
- The sale involved only 5½ cents, whereas the acquisition covered a much larger area. A small-plot sale can inform valuation with an appropriate deduction. In this case a 60% deduction from Rs.2,977 per cent yielded the adopted market value of Rs.1,191 per cent; that percentage was expressly tied to the peculiar facts. (¶¶ 6, 7.2)
- Neither the Reference Court’s approach nor the High Court’s valuation was satisfactorily explained. The Court nevertheless decided the case on the existing record rather than ordering a remand. Compensation was fixed at Rs.1,191 per cent with available statutory benefits, modifying the High Court award. (¶¶ 7.1, 7.2)
Result
Appeal partly allowed without costs. Compensation fixed at Rs.1,191 per cent with other available statutory benefits; High Court award modified accordingly.