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1 - 5 of 5 (0.24 seconds)Special Deputy Collector & Anr. Etc vs Kurra Sambasiva Rao & Ors. Etc on 29 April, 1997
9. In this appeal, I have heard at length, learned counsel for
appellant and respondent. In the light of submissions advanced by them, the
only issue arising for my consideration in the present appeal is whether
compensation awarded by Reference Court is just and fair ? For deciding the
correct amount of compensation, which can be called as fair and reasonable,
the initial burden always rests upon the claimant to prove that the claim for
enhanced compensation is justifiable. However at the same time, it is
necessary for Court also to evaluate the evidence, on the basis of all the
material placed on record by both the parties and by closely scrutinising the
evidence in proper perspective to arrive at conclusion regarding adequate
and reasonable market value of the land acquired. The Apex Court has in
the case of Special Deputy Collector vs. Kurra Sambasiva Rao and ors.
AIR 1997 SC 2625, clearly observed in this regard that the attending facts
and circumstances in each case would furnish guidance to arrive at the
market value of the acquired lands and it is equally relevant to consider the
neighbourhood lands as are possessed of similar potentiality or any
advantageous features or any special circumstances available in each case.
The Court is required to take into account all the relevant considerations. It
is further observed that in that process, though some guess work is involved,
feats of imaginations should be eschewed and mechanical assessment of the
evidence should be avoided and even in the absence of oral evidence
adduced by the Land Acquisition Officer or the beneficiaries, the judges are
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to draw from their experience, the normal human conduct of the parties and
bona fide and genuine sale transactions are guiding star in evaluating the
evidence. At the same time misplaced sympathies or undue emphasis solely
on the claimant's right to compensation would place very heavy burden on
the public exchequer to which everyone contributes by direct or indirect
taxes. And therefore the fair and reasonable and adequate market value is
always a question of fact which depends upon the evidence adduced,
circumstantial evidence and probabilities arising in each case.
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Section 9 in The Land Acquisition Act, 1894 [Entire Act]
Section 54 in The Land Acquisition Act, 1894 [Entire Act]
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