Bhimasha Vs. Special
Land Acquisition Officer & ANR.  INSC 1262 (31 July 2008)
JURISDICTION CIVIL APPEAL NO.4742 OF 2008 (Arising out of S.L.P. (C) No.6092 of
2007) Bhimasha ...Appellant(s) Versus Special Land Acquisition Officer & ANR.
...Respondent(s) O R D E R Heard learned counsel appearing on behalf of the
The Land Acquisition
Officer fixed the market value of the acquired land at the rate of Rs.13,100/-
per acre for dry land and Rs.1,000/- for phot kharab land.
On a reference made
under Section 18 of the Land Acquisition Act, 1894, the Trial Court awarded
compensation at the rate of Rs.36,200/- per acre. On appeal, the High Court
referred to the yield notification and price list issued by the competent
authority as also the average price of both the crops in relation to the
relevant year and concluded that market price of the land comes to Rs.66,550/-
per acre. However, the High Court refused to award compensation at the said
rate on the premise that the appellant had claimed compensation at the rate of
Rs.58,500/- per acre.
...2/- -2- We have
heard learned counsel for the parties and perused the record. In the impugned
order the High Court, after taking note of the yield notification issued by the
Government and price list notified by the competent authority for crops (both
are public documents) concluded that market value of the land is Rs.66,550/-
Therefore, the appellant's
omission to make appropriate claim before the High Court after paying the
requisite court fee cannot be castigated as one lacking bona fide. In our view,
the High Court should have, after taking note of, the peculiar facts of the
case and the market value determined by it, awarded higher compensation to the
appellants subject to the condition of paying the balance court fee. This,
having not been done, we feel that ends of justice could be met if the impugned
order is suitably modified.
appeal is allowed, impugned judgment is modified and the market value of the
land fixed by the High Court is enhanced to Rs.66,550/- per acre. This order,
however, will be subject to the payment of further amount of court fee to be
assessed by the Registry of the High Court. After assessment, the Registry
shall intimate the deficit amount of court fee to be payable by the appellant
to his counsel, which shall be paid within two months from the date intimation
is received by the counsel from the High Court.
[HARJIT SINGH BEDI]
Delhi, July 31, 2008.