AIR 1982 BOMBAY 225 ::1982 Mah LJ 639

Bombay High Court

Hon'ble Judge(s): Masodkar, Bharucha , JJ

Land Acquisition Act (1 of 1894) , S.23(1)— Determination of compensation in respect of land used for non-agricultural purposes and held on restricted tenure governed by S.4(2) of Bombay Pargana and Kulkarni Watans Abolition Act, 1950, and Govt. Resolution D/-18-8-1953 - Compensation must only be determined by finding out what a willing purchaser will pay, knowing it to bear the restriction. Bombay Paragana and Kulkarni Watans (Abolition) Act (60 of 1950) , S.4(2)— AIR 1972 Guj 189 (Pt. A), Diss. from.Decision of Jahagirdar and Mody, JJ. in Appeal No.747 of 1973, D/-15-9-1981 (Bom) Not Followed in view of earlier decisions in Appeal No.502 of 1969 D/-2-9-1976 (Bom) by Kantawala, C.J. and Sawant, J. AIR 1981 Bom 439 and AIR 1968 SC 1045. Section 23(1), firstly, of the Act requires that in determining the amount of compensation to be awarded for land that is acquired its market value at the date of publication of the notification under Sec.4 shall be taken into consideration. The measure of that market value is what a willing purchaser might reasonably pay for the land. To assess market value resort must be had to well recognised principles of valuation which would be instances of sale of comparable lands situated in the vicinity and the opinions of experts. It is, therefore, not open to the authority determining compensation to reduce the marke....