Law:

Section:

Land Acquisition Act (I of 1894)------Ss. 23, 24 & 25---Compensation, determination of---Considerations--Where the High Court while computing the sale price of acquired land, had made basis of a single sale in the concerned revenue record whereas the Referee Court had taken into consideration the average sale price of previous year pertaining to sale of commercial land, High Court had totally ignored the question of damages altogether although acquisition department itself admitted the damages suffered by the affectees but awarded meagre damages as compared to actual loss assessed and granted by the Referee Court---Impugned of the High Court was the result of non-reading and misreading of evidence and all other relevant record and as such could not be allowed to remain intact---Supreme Court allowed appeal, set aside the of the High Court and restored the decree passed by the Referee Court. While determining the amount of compensation, Court is to consider evidence brought on the record by the parties and further Land Acquisition Collector while determining compensation of acquired land has also to consider the potential and future prospective features of land in addition to one year average. While determining the value of the land acquired by the Government and the price which willing purchaser would give to the willing seller, only the past sale should not be taken into account but the value of the land with all its potentiality may also be determined by examining other facts. An assessment of the compensation payable for land acquired must take into account several factors, including the nature of the land, its present use and its capacity for a higher potential, its precise location in relation to adjoining land, the use to which neighbouring land has been put and the impact of such use on the land acquired, and so on having regard to all these factors. In the present case in computing the sale price of the acquired land, High Court had made basis of a single sale in the concerned Revenue Record whereas the Referee Court had taken into consideration the average sale price of previous year pertaining to sale of commercial land. The High Court had totally…

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