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Supreme Court of India
Anil Kumar Soti vs The State Of Uttar Pradesh on 23 November, 2021Author: M.R. Shah

Bench: M.R. Shah, Sanjiv Khanna

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6919 OF 2021

Anil Kumar Soti & Ors. ..Appellant(S)

VERSUS

State of U.P. through Collector Bijnore (U.P.) ..Respondent(S)

JUDGMENT

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned

judgment and order dated 16.04.2019 passed by the High

Court of Judicature at Allahabad in First Appeal No.440 of

1989, by which the High Court has partly allowed the said

Signature Not Verified
appeal preferred by the appellants herein – original claimants
Digitally signed by
NEETU KHAJURIA
Date: 2021.11.23
17:17:35 IST
Reason: and has determined the market value of the lands acquired

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at Rs.7,100/­ per acre only, original land owners have

preferred the present appeal.

2. That the appellants’ lands situated at village Rawali came to

be acquired for public purpose. A notification under Section

4 of the Land Acquisition Act, 1894 (hereinafter referred to as

the Act) was issued on 16.05.1981. The Land Acquisition

Officer declared the award and determined the compensation

at Rs.5,218.39/­ per acre. At the instances of the claimants a

Reference was made to the District Court under Section 18 of

the ACT claiming compensation of Rs.12,000/­ per acre. The

Reference Court enhanced the compensation from

Rs.5,218.39/­ per acre to Rs.6,696.70/­ per acre with all

other statutory benefits which may be available under the

Act. The appellants herein preferred the appeal before the

High Court. The claimants prayed the compensation of

Rs.15,402/­ per acre relying upon the judgment and award

passed by the Reference Court in another case with respect

to the acquisition of the land of the very village, but with

respect to the notification issued under Section 4 of the Act

dated 19.12.1981. That by the impugned judgment and order

and relying upon and considering the sale deed exemplar

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dated 23.12.1980, the High Court has partly allowed the said

appeal and has determined and awarded the compensation

at the rate of Rs.7,100/­ per acre.

3. Feeling aggrieved and dissatisfied with the impugned

judgment and order passed by the High Court, enhancing the

amount of compensation to Rs.7,100/­ per acre only the

original claimants have preferred the present appeal.

4. Learned Counsel appearing on behalf of the appellants –

original claimants has vehemently submitted that the High

Court has materially erred in determining and awarding the

compensation of Rs.7,100/­ per acre only.

4.1 It is submitted that for the acquisition of the land of the very

village but notification under Section 4 of the Act was issued

on 19.12.1981 the Reference Court determined and awarded

the compensation at Rs.15,402/­ per acre. It is submitted

that the Reference Court in that case relied upon the sale

deed exemplar of the year 1978 and thereafter determined

the market value of the compensation at Rs. 15,402/­ per

acre. It is submitted that the appeal against the judgment

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and award passed by the Reference Court in that case

determining and awarding the compensation at Rs.15,402/­

per acre has been subsequently withdrawn. It is submitted

that therefore the Government has accepted the judgment

and award passed by the Reference Court with respect to the

land acquired of the same village but for which the

notification under Section 4 of the Act was issued on

19.12.1981. It is submitted that therefore the appellants are

also entitled to the compensation of Rs.15,402/­ per acre.

5. Learned counsel appearing on behalf of the respondent –

State has submitted that in the present case the High Court

has rightly determined the compensation at Rs.7,100/­ per

acre considering the sale deed exemplar dated 23.12.1980

which as such can be said to be proximate/nearer to the date

of the acquisition of the land. It is submitted that therefore

the interference of this court in exercise of power under

Article 136 of the Constitution of India is not called for.

6. We have heard the learned counsel appearing for the

respective parties at length.

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7. At the outset, it is required to be noted and it is not in

dispute that in the present case notification under Section 4

of the Act has been issued on 16.05.1981 by which the High

Court has determined the compensation at Rs.7,100/­ per

acre. However, it is required to be noted that with respect to

the land acquired of the very same village for which the

notification under Section 4 of the Act was issued on

19.12.1981, the Reference Court in another case determined

and awarded the compensation at Rs.15,402/­ per acre.

Having gone through the judgment and award passed by the

Reference Court in another case determining the

compensation at Rs.15,402/­ per acre (which is heavily relied

upon by the claimants in the present case) the Reference

Court had considered the sale deed exemplar of the year

1978. Therefore, it is not the case that in another case the

sale deed exemplar relied upon was for the period between

16.05.1981 (acquisition of the land in the present case) and

19.12.1981 (date of acquisition in another case). As per the

settled preposition of law while determining the market

value/compensation, previous instances of acquisition in

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proximity for location and potential of land acquisition along

with cumulative increase is relevant consideration. In the

present case, time gap between two notifications under

Section 4 of the Act is only seven months. Nothing has been

pointed out with respect to any material changes for the

period between 16.05.1981 and 16.12.1981 ­ time gap

between the two notifications under Section 4 of the Act. On

the contrary, after the judgment and award passed by the

Reference Court with respect to the land acquired of the

same village for which notification under Section 4 was

issued on 19.12.1981, the Reference Court determined the

compensation at Rs.15,402/­ per acre. The Reference Court

in that case relied upon the sale deed exemplar of 1978. The

judgment and award passed by the Reference Court in that

case determining the market value/compensation at

Rs.15,402/­ per acre has attained the finality and the State

has accepted the same by withdrawing the appeal against the

said judgment and award. Therefore, in the present

circumstances, the appellants shall be entitled to the

compensation at Rs.15,402/­ per acre.

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8. In view of the above and for the reasons stated above, the

present appeal succeeds. The impugned judgment and order

passed by the High Court is hereby modified and it is held

that appellants shall be entitled to the compensation for land

acquired at Rs.15,402/­ per acre with all other statutory

benefits which may be available under the Act subject to

payment of deficient Court fees, if any. The present appeal is

allowed accordingly. In the facts and circumstances of the

case there shall be no order as to costs.

…………………………………J.
(M. R. SHAH)

…………………………………J.
(SANJIV KHANNA)
New Delhi,
November 23, 2021

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