Nisar Ahmed Ramzan-Momin vs The Special Land Acquisition Officer ... on 14 February, 2018
14. The only question which now remains as to in which
situation can the Appellant rely on the ready reckoner for the year
1994 for claiming the compensation. In this regard, we are inclined to
accept the submissions of Mr.Datar in view of the two earlier
Judgments referred by him passed by this Court in this behalf.
Mr.Datar has invited out attention to the G.R. dated 31/10/1994
wherein it is clearly laid down that the valuation given in the ready
reckoner was an important consideration and the valuation arrived at
by different methods viz. sale instances, potentiality and the price
mentioned in the ready reckoner should be taken into consideration
and whichever was higher, should be granted as compensation. This
Court has upheld the efficacy and application of this G.R. in such
situation as mentioned in the Judgments of Shalini Godbole (supra)
and The Municipal Corporation of City of Thane (supra). Thus, it
was incumbent on the SLAO to have taken into consideration the
ready reckoner for the year 1994 in deciding the rate of
compensation. Such exercise was not done by the SLAO. The
impugned Award passed by him shows that he has referred to the rate
as per the ready reckoner but he has referred to the rate given in the
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13 FA 846-12 Judgment.doc
ready reckoner for the year 1992. He, on his own, had considered rise
of 10% for the year 1994 and fixed the price at the rate of Rs.300/-
per sq. meter in respect of the present Plot No.2. The SLAO has
further mentioned that the lands under acquisition fell in Division
No.1, Sub-Division No.2, Column No.4 of the said ready reckoner. As
against this, the Appellant has produced a certified copy of the ready
reckoner for the year 1994. The said ready reckoner was provided to
him vide the letter dated 01/11/2011 by the office of the Sub-
Registrar, Bhiwandi-1. The said copy is a certified copy and is
produced on record at Exh.54.