U.P.Avas Evam Vikas Parishad Through Housing Commissioner vs Ganga Saran (Dead) Thr. Lrs. and Ors.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2562 OF 2019 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 14973 OF 2010)

U.P.AVAS EVAM VIKAS PARISHAD ...APPELLANT(S)

VERSUS

GANGA SARAN (DEAD) THR. LRS. AND ORS. ...RESPONDENT(S)

WITH

CIVIL APPEAL NO. 2563 OF 2019 (@ SPECIAL LEAVE PETITION (C)NO. 36884 OF 2016)

CIVIL APPEAL NO. 2565 OF 2019 (@ SPECIAL LEAVE PETITION (C)NO. 38758 OF 2016)

CIVIL APPEAL NO. 2564 OF 2019 (@ SPECIAL LEAVE PETITION (C)NO. 38361 OF 2016)

J U D G M E N T

R. Subhash Reddy, J.

1. Leave granted.

2. All these appeals arise out of the Notification issued

under Section 4 (1) of the Land Acquisition Act, 1894 on

29.9.1979. They are all heard together and being disposed of

by this order. For the purpose of disposal we have referred

to the facts which arise in the Civil Appeal arising out

Special Leave Petition (Civil) No.14973 of 2010.

3. The land of the respondents-claimants admeasuring 2-13-0 of Signature Not Verified Khasra No.174 and 0-17-0 of Khasra No.175 situated in Tanda, Digitally signed by MADHU BALA Date: 2019.03.07 14:46:55 IST Reason: Bulandshshar, was acquired under the provisions of the Land

Acquisition Act,1894 for the purpose of implementation of the 2

housing scheme under the provisions of Uttar Pradesh Avas Evam

Vikas Parishad Adhiniyam, 1965. As per the provisions of the

said Act, land which is required for the purpose of housing

scheme can be acquired under the provisions of the Land

Acquisition Act, 1894. The Notification was issued on

29.9.1979 and declaration was issued on 20.12.1980. The Land

Acquisition Officer, after conducting necessary inquiry, has

passed Award on 11.10.1984. The Land Acquisition Officer in

his Award fixed the compensation for the acquired land @

Rs.29.08 per sq. yard. As the respondents-claimants were not

satisfied with the market value fixed, they sought reference

under Section 18 of the Land Acquisition Act to the Civil

Court. The Reference was made to the court of the District

Judge, Bulandshehar and same was numbered as L.A.R. No.128 of

1987. The District Court, on reference made under Section 18

of the Land Acquisition Act, 1894 has answered the same by

judgment dated 19.12.1994. The Reference Court has enhanced

the compensation by fixing market value at Rs.99/- per sq.

yard and also ordered for payment of statutory benefits.

4. Aggrieved by the judgment of the Reference Court dated

19.12.1994 passed in L.A.R. No.128 of 1987 Uttar Pradesh Avas

Evam Vikas Parishad has preferred First Appeal No.354 of 1995,

before the High Court of Judicature at Allahabad. By the

impugned judgment dated 19.01.2010 the appeal filed by the

appellant herein was dismissed. Being aggrieved, the

appellant has preferred this appeal.

5. We have heard learned counsel for the appellant and learned 3

counsel appearing for the respondents-claimants at length.

6. The learned counsel for the appellant, by referring to the

impugned judgment has submitted that though the appeal

preferred before the High Court is First Appeal, the High

Court has dismissed the same by the impugned judgment, without

re-appreciating the evidence on record. It is submitted that

on this ground impugned judgment is fit to be set aside. On

the other hand, learned counsel for the respondents has

submitted that the Notification under Section 4 (1) of the

Land Acquisition Act, 1894 was issued as early as on 29.9.1979

and the respondents-claimants have not yet received the

compensation which is fixed by the Reference Court, he

requested to consider the judgment of the Reference Court and

submitted that the fixation of market value for the acquired

land @ Rs.99/- per sq. yard is just and reasonable. It is

further submitted that though there is a documentary evidence

on record by way of registered sale deeds, prior in point of

time to the Notification issued under Section 4 (1) of the

Land Acquisition Act, 1894 which show the market value of the

acquired land at relevant time was around Rs.200/- per sq.

yard, the Reference Court, fixed the market value for the

acquired land at @ Rs. 99/- per sq. yard only. It is further

submitted that in view of such documentary and oral evidence

adduced before the Reference Court, there are no grounds to

interfere with the impugned judgment.

7. Having heard learned counsel for the parties and we have

also perused the order of the Reference Court and impugned 4

judgment of the High Court and other materials placed on

record.

8. It is true that though the appeal preferred by the

appellant before the High Court is the First Appeal, the High

Court has dismissed the same without appreciating evidence on

record. Instead of remitting matter back to the High Court for

consideration of appeal, keeping in mind that the Notification

under Section 4(1) of the Land Acquisition Act, 1894 was

issued as early as on 29.9.1979, we have considered, the

judgment of the Reference Court and the evidence adduced

before the Reference Court by the respondents-claimants.

9. It is the case of the respondents-claimants that the land

which was required for the purpose of housing scheme is

within the municipal limits and near to residential and

commercial buildings.

10. From the judgment of the Reference Court and other

material placed on record, it is clear that S.L.A.O. has

himself admitted that the acquired land is adjacent to Abadi

and suitable for residential houses. Even spot inspection

made by S.L.A.O. also revealed that residential and

commercial buildings were in existence near the acquired

land. Further the sale deeds referred in Sl.No.1 to 4 and

20, 21 and 89 reveal that the market value of the acquired

land during the relevant time was varying from Rs.100 to

Rs.200 per sq. yard. Though such sale deeds were prior to

the Notification, the Land Acquisition Officer has omitted to

consider the same on the ground that acquired land was 48 5

acres in total. Further it is also to be noted that sale

deeds of comparable sales of small areas also can be

considered by giving suitable deductions while fixing the

market value. Documentary evidence produced before the

Reference Court, reflects the market value of the acquired

land, during the relevant time of issuing notification, under

Section 4(1) of the Land Acquisition Act, 1894 which ranges

from Rs.100 to Rs.200 per sq. yard. Considering the evidence

in entirety the Reference Court has fixed the market value of

the acquired land at Rs.99 per sq. yard. Having regard to

evidence on record, before the Reference Court, fixation of

market value of the acquired land at the rate of Rs.99 per

sq. yard along with other statutory benefits cannot be said

to be illegal. Market value fixed by the Reference Court at

Rs.99/- per sq. yard is just, reasonable and represents the

true market value, as on the date of Section 4(1)

Notification. For the aforesaid reasons, we do not find any

merit in the appeal and the same is accordingly dismissed.

Civil Appeals arising out of SLP(C) Nos.36884/2016,38758/2016 & No.38361/2016

In view of the order passed in Civil Appeal arising out of

SLP(C) No.14973 of 2010, these appeals are also dismissed.

........................J. [R. BANUMATHI]

NEW DELHI ........................J. 26TH FEBRUARY, 2019 [R. SUBHASH REDDY]