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The Ex. Engineer, Beed Irrigation ... vs Shivdas Waman Munde And Anr on 6 February, 2020 cites

Chimanlal Hargovinddas vs Special Land Acquisition Officer, ... on 21 July, 1988

In view of law laid down by the Honourable Apex Court in the aforesaid Chimanlal's case ( referred supra), the material relied upon by the SLAO in his award for ::: Uploaded on - 27/04/2020 ::: Downloaded on - 07/06/2020 21:45:09 ::: 21 FA-238-20-J-I determination of market price of acquired lands cannot be taken into consideration unless same is produced and proved before the learned Reference Court. Unfortunately, in the matter in hand, the Government Agency did not painstake to produce and proved the sale instance considered by the SLAO, while declaration of impugned award under Section 11 of Act of 1894. Therefore, the document of sale-instance (Exhibit-21) produced and proved before the learned Reference Court, only remained available to calculate the market value of the acquired lands. I find that the document of sale instance of land Gut No. 111 located within proximity of the acquired land would be the best evidence to calculate market value of the acquired lands in this case. The sale instance came to be executed prior to 8 to 9 months of publication of notification under Section 4 of Act of 1894, for a consideration of Rs.1,30,000/- i.e. Rs.5000/- to Rs.6000/- per R. The learned Reference Court appreciated the necessity and advantages of vendee for purchasing 00.22 R portion of the land from Gut No. 111 as it was found located adjoining to his another owned land. Therefore, learned Reference Court, after reasonable deduction in the market price to some extent, fixed the market value of the acquired land @ Rs. 3000/- per R. I do not find any error or infirmity in the exercise conducted by the learned Reference Court.
Supreme Court of India Cites 8 - Cited by 832 - M P Thakkar - Full Document
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