AI Structured Summary
Not yet generated for this judgment
Judgment
[1] Heard Mr. A.K. Pal, learned counsel appearing for the appellants as well as Mr. D.C. Saha, learned counsel appearing for the respondents.
[2] This is an appeal under Section 54 of the Land Acquisition Act, L.A. Act in short, from the judgment dated 11.11.2016 delivered in Misc. (L.A) 01 of 2015 by the Land Acquisition Judge, West Tripura, Khowai, as he then was. In terms of the notification under No.F.9(3)/REV/ACQ/VIII/07 dated 15.06.2007 issued under Section 4 of the L.A. Act the amount of land measuring 1.05 acres was acquired by the L.A. Collector, West Tripura, Khowai for construction of Khowai housing colony. In that exercise, the land belonging to the appellants comprised in Khatians No.2265/1, 2265/2 and 2266 and in Plots No.2347, 2350, 2351, 2353, 2355, 2356, 2352, 2348 and 2349 classified as chara, bastu, viti and doba of Mouja- Khowai town was acquired. For purpose of identifying the nature/category of land the appropriate government has made the initial survey before publishing the notification under Section 4 of the L.A. Act.
[3] The appellants claimed a sum of Rs.20,00,000/-per kani but the LA Collector having making inquiry under Section 9 of the LA Act provided the following rate:
Classification of land
Valuation of land per kani
Bastu (Nal)
Rs.5,00,000/-
Chara (Nal), Viti (Nal) & Doba(Nal)
Rs.2,00,000/-
[4] For purpose of computing the compensation under Section 23 of the L.A. Act including the solatium and the additional compensation respectively under Section 23(2) and 23(1-A) of the L.A Act the said market value of the land was determined. Even the interest has been added in terms of Section 34 of the L.A. Act. After the award was communicated to the appellants, they raised serious objection against the determination of the land value. On the face of such objection, the reference under Section 18 of the L.A. Act was made by the LA Collector to the L.A Judge by his communication dated 22.12.2014 with all records.
[5] There is no dispute that the land as acquired from the appellants pertains to the sheet No.3/5(P), Khatians No.2265,2265/2 and 2266, Plots No.2347,2350,2351,2353, 2355, 2356, 2352,2348 and 2349 having total area of 1.05 acres. The compensation was awarded on the basis and the mode as stated above. Thus, the appellants were proposed to be given a sum of Rs.8,87,296/- as compensation. But, on reference, the appellants got a further opportunity to show the inappropriateness of the assessment of compensation. Accordingly, the appellants adduced the evidence and admitted the sale deed bearing No.1-1387 [Exbt.1 series] dated 25.05.2005 along with some other documents, but the L.A. Judge was not impressed that the appellants could make out a case for enhancement of the land value and accordingly, by the judgment dated 11.11.2016, the LA Judge, West Tripura, Khowai as he then was, has observed, inter alia, as follows:
"From the assessment note of the L.A Collector in connection with L.A Case No.3/KHW/2007 it appears that after considering sale deed no.1-69 dt.10.01.2007, 1-163 dt.18.01.2006, 1-115 dt.13.01.2006 and sale deed No.1-2240 dt.14.09.2005 he assessed the value of the acquired land and it also appears from the said assessment note of L.A Collector that the lands of those deeds are located on the north and north west side of the proposed acquired land. Further the lands of aforesaid 1st three sale deeds are of Nal class of land value of which were Rs.2,00,000/- ,Rs.80,000/- and Rs.1,20,000/- per kani and are situated at a distance of 585 feet, 475 feet and 700 feet from the proposed acquired land. The certified copy of Survey Map indicating that plot No.2347 and 2348 are adjacent to a road and at the time awarding compensation L.A Collector assessed the value of the aforesaid lands of dage No.2347 and 2348 @ Rs.5,00,000/- per kani even the lands of dag No.2351,2353,2355,2356,2352 and 2349 were also assessed @ Rs.5,00,000/- per kani. It is fact that the certified copy of survey map as lying in the case record are not showing the plots of the land under reference taken into consideration by the L.A Collector and relied upon by the referring claimants.
Hence taking into consideration the aforesaid facts and circumstances for determination of the market value relating to the acquired land , the proximity of time relating to sale deed produced by the parties and the proximity of land involved in the sale deed as well as the land acquired for the housing complex, I am of the view that there is nothing wrong to determine the award in the same ratio as awarded by the L.A Collector in respect of the referring claimants of this case."
Since there was no enhancement as expected by the appellants from the LA judge, the appellants have preferred this appeal and contended that the acquired land is in a commercial location which is well connected by transportation. That apart, this area is thickly populated.
[6] Mr. Pal, learned counsel appearing for the appellants has drawn attention of this court to the sale deeds those were considered during assessment of land value by the LA Collector. The following sale transactions from the proximate local position were considered:
Sl. No.
Mouja
Plot No.
Class of land
Area in Acre
Deed No. & date
Total value of land
Value of land per kani
Distance from the land proposed to be acquired
1
2
3
4
5
6
7
8
9
1
Khowai Sheet No.5/P
2497
2498
Nal
0.20
1-69 dt. 10.01.07
Rs.1,00,000/-
Rs.2,00,000/
585 feet
2
Do
2503
Nal
0.20
1-163 dt. 18.01.06
Rs.40,000/-
Rs.80,000/-
475 feet
3
Do
2529
Nal
0.40
1-115 dt. 13.01.06
Rs.1,20,000/-
Rs.1,20,000/-
700 feet
4
Do
2529
Bastu (Nal)
0.05
1-2240 dt. 14.09.05
Rs.1,00,000/-
Rs.8,00,000/-
2280 feet
From the above noted chart, it would be evident that the sale deed No.1-2240 dated 14.09.2005 records a transaction of land for Rs.8,00,000/- per kani.
[7] Mr. Saha, learned counsel appearing for the respondents has submitted that the due care and caution has been taken so that the land-losers are given the just compensation as they have finally lost their land. As the LA Collector took due care and in the proceeding for determining the land value, the LA Judge did not interfere with his assessment.
[8] It is evident from the sale deeds as were considered by the LA Collector that the sale deed being 1-2240 dated 14.09.2005 fetched a sum of Rs.8,00,000/- for a bastu (nal) class of land measuring 0.5 acres on 14.09.2005 whereas the acquisition took place on 15.06.2007. It is a sale instance which occurred two years prior to the acquisition.
There should be a yearly increase in the land rate. As such, even the rate is increased 10% per year, the rate would come to Rs.9.68 lakhs per kani. The said rate can be legitimately expected as this is the highest transaction value of the proximate land as relied by the LA Collector to determine the land value. In this juncture, Mr. Saha, learned counsel appearing for the respondents has submitted that this is a very small amount of land, whereas the acquired land is more than one acre and as such, the rate may not be comparable. Be that as it may, the apex court in Mehrawal Khewaji Trust (Regd) Faridkot & Ors. vs. State of Punjab & Ors., reported in AIR 2012 SC 2721 had occasion to observe as follows:
"15. It is clear that when there are several exemplars with reference to similar lands, it is the general rule that the highest of the exemplars, if it is satisfied, that it is a bona fide transaction has to be considered and accepted. When the land is being compulsorily taken away from a person, he is entitled to the highest value which similar land in the locality is shown to have fetched in a bona fide transaction entered into between a willing purchaser and a willing seller near about the time of the acquisition. In our view, it seems to be only fair that where sale deeds pertaining to different transactions are relied on behalf of the Government, the transaction representing the highest value should be preferred to the rest unless there are strong circumstances justifying a different course. It is not desirable to take an average of various sale deeds placed before the authority/court for fixing fair compensation."
It has been very succinctly culled out that when different transactions are relied on behalf of the government, the transaction representing the highest value should be preferred to the rest unless there are strong circumstances justifying a different course. In the present case, this court does not find any other justifiable cause not to rely on the sale deed dated 14.09.2005. As such, based on the sale deed the market value at the time of the acquisition may be well determined. It will come to Rs.9.68 lakhs.
[9] This rate on the basis of the said sale deed dated 14.09.2005 would apply to the bastu [nal] class of land and as such, a fresh determination is called for in respect of bastu [nal] class of land. It cannot be denied that there can be a development cost for the land which in the circumstances and considering the location is assessed at 20%. For keeping the computation simple, Rs.9.68 lakhs is rounded off at Rs.10 lakhs for the acquired land per kani. However, the land value would be determined finally only after deduction @20% from the said rate. It comes to Rs.8,00,000/- per knai. Taking this value as the basis of determining the value of the other categories of the land, it is determined that chara [nal], viti [nal] and doba[nal] would bring Rs.4,00,000/- per kani. For purpose determining the compensation under Section 23 of the L.A Act, the land value of the different categories of the land would be as follows:
Classification of land
Valuation of land per kani
Bastu (Nal)
Rs. 8,00,000/-
Chara (Nal), Viti (Nal) & Doba(Nal)
Rs.4,00,000/-
The aggregate compensation has to be calculated after awarding solatium @30% [under Section 23(2) of the LA Act] and additional compensation @12% [under Section 23 (1-A) of the LA Act]. Thereafter, the interest shall be added in terms of Section 34 of the LA Act. The interest on the solatium will not be prospective.
This appeal, therefore, is allowed to the extent as indicated above.
The respondents shall pay the compensation within a period of 3[three] months from the date of receipt of a copy of this judgment and order from the appellants. The money shall be deposited in the court of the LA Judge, Khowai, Tripura without any reference to this court and by virtue of this order.
No order as to costs.
Send down the LCRs forthwith.