Smt. Devi Jain (D.) vs State of Haryana and Another

A. P. Misra and U. C. Banerjee, JJ.—Delay condoned.

These two appeals raise a short question, namely, whether the High Court was right in reducing the amount of compensation awarded by the referring court by reducing it by one third of the amount determined.

The Land Acquisition Collector assessed the market price of the acquired land at Rs. 16,000 per acre for the chahi land, Rs. 9,000 per acre for barahi land and Rs. 3,500 per acre of banjar lands. The appellant sought reference u/s 18 of the Land Acquisition Act to the District Judge who on the basis of the sale deed, assessed the market value of the acquired land at Rs. 27 per square yard. The High Court, on appeal, partly allowed the appeal of the appellant and reduced the market value by one third of the price awarded by the referring court. The submission made on behalf of the claimant is that the respondent-State has neither laid any foundation nor adduced any evidence before any authorities, hence this reduction of the amount of compensation by one third is not sustainable. The submission on behalf of the appellant is that the appellant has been paid compensation at the rate of Rs. 27 per square yard. On the other hand, learned counsel for the respondent submitted that the reduction of compensation by one third was valid ., and was justified and was in accordance with law and does not call for any interference. Looking to the overall facts and circumstances of this case, we feel it appropriate to uphold the legal position as upheld by the High Court, viz., reduction by 1/3rd, but make it clear, if any amount already received by the appellant, need not be refunded back. With the above observations the present appeals are disposed of. Cost on the parties.