& Ors Vs. Assistant Commissioner and Land Acquisition Officer, Gulbarg
 INSC 92 (28
RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK
O R D
E R Delay condoned.
under Section under Section 4(1) of the Land Acquisition Act, 1894 was
published in October 1977 for construction of Amerja Project. The land
Acquisition officer in hes award under Section 11 awarded compensation @ Rs.
3,000/- per acre. On reference, the District Court enhanced the compensation to
Rs.6,300/- per acre for dry lands and Rs. 9,820/- per acre for Bgayat Lands
(cultivable lands). On Appeal, the High Court dismissed the same and confirmed
the award of the reference Court. Thus , this special leave petition.
contended for the petitioners that in similar circumstances, the Additional
Civil Judge has enhanced the compensation to Rs.12,000/- per acre for the
irrigated land and Rs.8,000/- per acre for the dry lands and confirmed by the
judgment of the High Court in RFA Nos.1160 and 1825/92 and, therefore, the
petitioners also are entitled to the same compensation. We find no force in the
contention. It is now Well settled legal position that in compulsory of a
willing purchaser and would ask whether as a reasonable prudent vendee, he would
offer in the open market the rate of market value proposed by him in respect of
the land under acquisition. The Court requires to consider the relative values
of the lands in the neighbourhood, the soil condition and same or similar
advantageous features on comparable prices, The High Court has pointed out in
its judgement that there is no evidence to show that the lands referred to in
those judgements bear any similarity to the lands in question. on the other
hand, it is pointed out that for the same project and for the lands situated in
the same village another award for a sum of Rs.6,320/-per acre was passed by
the Additional Civil Judge and the same has been upheld by the High Court.
these circumstances, we do not find any Illegality in the determination of the
compensation warranting interference.
special leave petition is accordingly dismissed.