Dharam Singh and ors. Vs. State of Punjab and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/666800
SubjectProperty
CourtSupreme Court of India
Decided OnSep-13-1993
Case NumberCivil Appeals Nos. 4983-87 and 4998-5011 of 1993
Judge K. Ramaswamy and; N.P. Singh, JJ.
Reported in1995Supp(1)SCC203
ActsLand Acquisition Act, 1894 - Sections 23, 4(1)
AppellantDharam Singh and ors.
RespondentState of Punjab and ors.
DispositionAppeal Dismissed
Prior historyArising out of SLP (C) Nos. 13140-44 of 1986 and 12303-16 of 1991 and SLP (C) Nos. 601-10 of 1989
Excerpt:
- [k. ramaswamy and; n.p. singh, jj.] -- land acquisition act, 1894 — section. 23 — market value — evidence for determination of — statement made by chief minister, and allegedly agreed to by action committee of syl canal, assuring of a minimum value per acre of land, held, not evidence for determining market value under section 23 - the power of the court to determine the market value is conditioned upon adduction of evidence to show the market value prevailing as on the date of notification issued under section 4(1) and on the basis of transactions of a willing purchaser and a willing seller on the hypothesis that it will be reasonable basis of fixing of the market value. we do not agree that it is a case requiring further enhancement of market value. the high.....k. ramaswamy and; n.p. singh, jj.1. leave granted.2. the lands of the appellants were acquired by a notification published in the state gazette on 13-12-1982. they laid the claim for a sum of rs 61,000 per acre. ultimately they were granted compensation varying between rs 15,000 to rs 77,000 per acre. these appeals have been filed for enhancement of market value claiming rupees one lakh per acre.3. shri hard dev singh, learned senior counsel appearing for the claimants placed reliance on the judgment of the punjab & haryana high court in state of punjab v. khushal singh1 wherein the learned single judge placed reliance on a statement said to have been agreed between the then chief minister and the action committee of syl canal at which the then chief minister seems to have made a.....
Judgment:

K. Ramaswamy and; N.P. Singh, JJ.

1. Leave granted.

2. The lands of the appellants were acquired by a notification published in the State Gazette on 13-12-1982. They laid the claim for a sum of Rs 61,000 per acre. Ultimately they were granted compensation varying between Rs 15,000 to Rs 77,000 per acre. These appeals have been filed for enhancement of market value claiming rupees one lakh per acre.

3. Shri Hard Dev Singh, learned Senior Counsel appearing for the claimants placed reliance on the judgment of the Punjab & Haryana High Court in State of Punjab v. Khushal Singh1 wherein the learned Single Judge placed reliance on a statement said to have been agreed between the then Chief Minister and the Action Committee of SYL Canal at which the then Chief Minister seems to have made a statement that the land shall not be valued at less than rupees one lakh per acre and accepted that statement and based thereon awarded the market value at Rs 1,00,000. We find it absolutely difficult to accept the above ratio of the learned Judge. It is not evidence to be looked into as per law to determine the market value under Section 23. The power of the Court to determine the market value is conditioned upon adduction of evidence to show the market value prevailing as on the date of notification issued under Section 4(1) and on the basis of transactions of a willing purchaser and a willing seller on the hypothesis that it will be reasonable basis of fixing of the market value. The statement being not evidence cannot be looked into. Accordingly we do not accept the above ratio to be correct. We do not agree that it is a case requiring further enhancement of market value. The High Court has considered all the relevant evidence and enhanced the market value up to Rs 45,000 per acre. The appeals are accordingly dismissed. No costs.