Administrator General Of West Bengal vs Collector, Varanasi on 16 February, 1988
Equally the judgment in Ex.A-3 dated February 14, 1985
in AS No. 232/82 and batch arising out of OP No. 111/80 and
batch of the Band situated in Tadavai village, the Division
Bench determined market value at the rate of Rs. 20,000/-
per acre. The foundation for the said determination was the
notorious sale-deed Ex.A-1 which was marked therein as A-3.
Equally, Ex. A-4 in OP No. 57/84 of the reference court is
founded upon the earlier decision. Ex.A-5 and A-6, namely,
OP Nos.17-18/89 dated November 29, 1990 were founded on the
judgments-Ex. A-2 etc. in which Subordinate Judge granted at
the rate of Rs. 22,000/- per acre. Since the very basis of
determination of the compensation is clearly erroneous,
Ex.A-5 and A-6 cannot form any basis for determination of
the compensation. The Division Bench of the High Court in
this appeal, placing reliance on Ex.A-5 and A-6 which arose
from the same village Alivelu, reduced the market value to
Rs.12,000/- per acre on the ratio in Administrator General
of West Bengal's case. It is true, as rightly contended by
Shri Rao, that the ratio therein relates to the urban lands
fit for building purpose and the same principle cannot be
applied in determination of the market value of agricultural
land. The contention that the doctrine of reinstatement
value in determination of the market value to the lands of
depressed value due to operation of the Andhra Pradesh
Scheduled Areas Land Transfer Regulation Act, 1970
prohibiting alienation of the land between the tribals and
non-tribals, though, prima facie appears to be alluring but
on deeper consideration, it cannot to commend acceptance.
What is relevant in fixation of the market value of the land
under s.23(1) is prevailing price as on the date of
notification under s.4(1). The reasoning of the High Court
that since the tribals have no capacity to purchase the land
and the lands, therefore, are not possessed of market value
also is not a correct approach.