JT 1995 (8) SC 63 Smt. Indumati Chitaley Vs. Gal and Am

Land Acquisition Act, 1894 : Compensation-Award of-Square foot basis-Per se illegal-Lands being agricultural lands compensation determined by Reference Court on that basis held valid-Also entitled to solatium and enhanced compensation.Certain lands were acquired under the Land Acquisition Act for establishment of grain godown by the Central Government. The Land Acquisition Officer in his award adopted market value to some lands @ 50 paise per sq. ft. and @ 49 paise per sq. ft. in respect of other lands and determined the compensation after deducting the developmental costs at Rs.2,28,134.91 and ultimately paid to the claimants the total compensation of Rs. 38,414.91.

 

On a reference the Civil Judge evaluated the lands on two methods, one as agricultural land @ Rs. 5000 per acre and another as developed area and after deducting developmental costs @ Rs. 8,000 per acre, determined the total compensation including solatium and interest at Rs. 1,22,250. On appeal the High Court adopted the market value of the land at 90 paise per sq. ft. but deducted the development costs at Rs. 18,000 per acre of the total extent of land and directed

the payment of the balance amount. Hence the appeal.