2009 AIR SCW 6232 ::2009 (3) All LJ 47 ::2010 (1) AIR Jhar R 696 ::(2010) 1 CivLJ 43 ::2010 (13) SCC 398 ::(2009) 4 RecCivR 740 ::(2009) 12 Scale 293 ::(2009) 4 CurCC 236 ::(2009) 77 All LR 21 ::(2009) 2 All WC 1814 ::(2009) 4 All WC 3625 ::(2010) 1 ICC 39 ::(2009) 2 ESC 1007 ::(2010) 1 LandLR 540 ::AIR 2009 SC (Supp) 2506 ::(2009) 82 AllIndCas 198 (SC) ::(2009) 76 AllIndCas 281 (ALL)

Supreme Court Of India

(From : Himachal Pradesh)*

Hon'ble Judge(s): D. K. Jain, A. K. Ganguly , JJ

(A) Land Acquisition Act (1 of 1894) , S.23— Compensation - Determination - Interference by Supreme Court - Scope - Comparable sale instance - Bearing in mind location of land, subject matter of comparable sale instances, it was held by Supreme Court that exemplars relied on by High Court were relevant for determining market value of acquired lands. Constitution of India , Art.133— Comparable sales instances of similar lands in the neighbourhood at or about the date of Notification under Section 4(1) of the Act are considered to be the best evidence for determining the market value of the acquired land to arrive at a fair estimate of the amount of compensation payable to a land owner. Nevertheless, while ascertaining compensation, it is the duty of the Court to see that the compensation so determined is just and fair not only to the individual whose property has been acquired but also to the public which is to pay for it.(Para 13) Where the High Court re-evaluated the entire evidence and found that sale deed in respect of pieces of land purchased by claimants in some of the cases, were the best pieces of evidence to ascertain the market value of the acquired lands and accordingly, taking the same as the base and applying the formula of averages, the High Court enhanced the said average amount on account of escala....