U.P. Avas Evam Vikas Parishad v. Ganga Saran (Dead) Thr. LRs. and Ors.

Civil Appeal · 2019 INSC 275Decided 26 Feb 2019
Civil Appeal No. 2562 of 2019
Justice R. Banumathi · Justice R. Subhash Reddy

Background

Land belonging to the respondents-claimants in Bulandshahr, Uttar Pradesh was acquired in 1979 under the Land Acquisition Act, 1894 for a housing scheme by the U.P. Avas Evam Vikas Parishad. The Land Acquisition Officer had fixed compensation at Rs. 29.08 per square yard, but on reference the District Court enhanced it to Rs. 99 per square yard with statutory benefits. The Parishad's first appeal against this enhancement was dismissed by the Allahabad High Court, leading to its appeal before the Supreme Court (along with three connected appeals arising from similar facts).

Decision Breakdown

The Supreme Court noted that although the High Court had dismissed a First Appeal without properly re-appreciating the evidence, rather than remanding the matter (given that the acquisition dated back to 1979) it examined the Reference Court's findings and evidence directly. It found that the acquired land was adjacent to residential and commercial development, that comparable sale deeds from around the relevant time showed market values ranging from Rs. 100 to Rs. 200 per square yard, and that the Land Acquisition Officer had wrongly ignored these sales merely because the acquired area was large. On this basis, the Court held the Reference Court's fixation of Rs. 99 per square yard was just, reasonable, and reflected the true market value, and dismissed the Parishad's appeal along with the three connected appeals.

Lesson Learnt

When fixing fair compensation for acquired land, courts will look at genuine comparable sale transactions from around the time of acquisition, and a landowner cannot be shortchanged simply because the total acquired area is large: proximity to developed residential/commercial areas and real market evidence matter more than administrative convenience.

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