P. Vishnuvardhan Reddy vs Government Of A.P. And Anr. on 18 April, 2003
Moreover, this principle was enunciated by the Supreme Court in Kauhsalya Devi Bogra v. Land Acquisition Officer, case (supra) for the first time and it was being enlarged in subsequent decisions right up to Kasturi's case (supra). The Division Bench obviously was not having the advantage of these decisions. Therefore, in the fact situation we have to hold that the value of small extent of lands can be considered for fixation of market value of larger extents subject to certain condition. Admittedly, the Division Bench fixed the value after discarding these documents. In the wake of the decisions of Supreme Court, we have to follow the Order basing on the small extents if the Sale Deed are genuine and bona fide untainted by extraneous consideration. If they are found to be motivated sales with a view to obtain higher compensation, they are to be discarded. The further requirement is that the lands should be situate in the same or neighbourhood of the acquired lands during the relevant or near about period. Even taking into consideration post notification sales is not totally prohibited. In the instant case, the reference Court did not find fault with the documents and nature of transactions. There is also no rule that the Courts ought not to depend on single transaction. If the transaction conforms to the tests laid down by the Supreme Court there is no reason why they should not be relied upon for assessing correct market value. Exs. A-3, A-4 and A-5 relate to small extents of lands and the transactions are in 1972. Ex. A-6 is dated 27-11-1974. Out of Exs.