Patel Jathabhai Punajbhai Vs. North Gujarat University & Anr.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.474 OF 2013

Patel Jathabhai Punajbhai …

Appellant(s)

Vs.

North Gujarat University & Anr. … Respondents

 

In the instant case, the Land Acquisition Officer, Reference Court as well as the High Court, in the peculiar facts and circumstances of the case, have determined the compensation on the basis of price of the land at per sq.m. The area in question is not within the municipal limits but adjacent to the extended limits of Patan municipality. The fact that various educational institutions, houses, railway station, bus stands and other offices are in close vicinity and the entire land has the potentiality like that of non-agricultural land on the date of notification under Section 4 of the Act, is not disputed. In the appeals, we are concerned with the third group of matters. The High Court has found that comparable sale instances in the third group of matters are in the shape of sale-deed Ex. 45, 46 and 47. The price per square meter comes to Rs.118.34, Rs.119.47 and 104.93. The lands which were sold were non-agricultural land. The High Court while considering the aforesaid sale deeds, after deducting 30% value for determining the price of the agricultural land per sq.m. and there after adding 10% from the date of sale-deed to the date of notification under Section 4 of the Act, has arrived at a finding that the price per sq.m. for land would come to Rs.108/-, Rs.101/- and Rs.89/- respectively, averaging approximately Rs.100/- per sq.m. Further deduction of 10% from the value so arrived at as land is large chunk, the price per sq.m. on strength of said sale deeds had been arrived at Rs.97, Rs. 90 and Rs. 80 respectively. However, considering the sale-deeds filed for the purpose of first and fourth group of matters had averaged the price and thus it has arrived at value of Rs.60/- for agricultural land and Rs.78/- for non-agricultural land. In our view, we have to consider the sale instances available for the third group of matters. In the peculiar facts and circumstances, it would have been appropriate to deduct approximately 30% of the amount for development etc. Further deduction for determining the valuation of the land was not called for. In our opinion, it would be appropriate and just to award compensation at the rate of Rs.100/- per sq.m. for entire land….read more