Land Acquisition Act, 1894: Comparable sale – Land
admeasuring 1.80 acres situated in village Anniyalam,
Denkanikottai Taluk, District Dharamapuri, Tamil Nadu was
proposed for acquisition – s.4 Notification was published on
27.09.1990/11.01.1991 – s.6 declaration was published on
12.12.1991 – Collector assessed compensation of said land at
Rs.16000/- per acre – Reference court assessed market value at
Rs. 2183.33 per cent relying upon the document/sale deed dated
11.01.1990 executed by the land owner himself by which the land
suitable for construction of the houses and situated very close to
the village Anniyalam was sold at Rs. 2977 per cent – High Court
partly allowed the appeal and assessed compensation at Rs. 232.45
per cent – Aggrieved, original owner/claimant filed instant appeal
– Whether the land owners are entitled to the enhanced amount of
compensation relying upon the document dated 11.01.1990 executed
by the land owner himself by which the land admeasuring 5 1⁄2 cent
was sold for Rs.2977 per cent – Held: It is true that sale deed dated
11.01.1990 cannot be discarded solely on the ground that it was
executed by the land owner in favour of his relative as nothing is
on record that at the time when sale deed dated 11.01.1990 was
executed the parties were aware that the land in question was going
to be acquired in the nearby future – In absence of any comparable
sale instances one has to consider sale deed dated 11.01.1990 –
Even otherwise, sale deed dated 11.01.1990 can be said to be
comparable instance having regard to the proximity from time angle
as well as proximity from situation angle – However, at the same
time one cannot lose sight of the fact that the sale deed dated
11.01.1990 was for the small parcel of the land i.e. 5 1⁄2 cent only –
In given case even a sale deed of comparable sales of small areas
also can be considered by giving suitable deductions while fixingmarket value – Therefore, considering the fact that sale deed dated
11.01.1990 was executed for sale consideration of Rs.16,375/- for
5 1⁄2 cent which comes to Rs.2977 per cent and after deducting 60%
(in the peculiar facts and circumstances of the case) the market
value can be determined at Rs.1191 per cent – Appellant-original
claimant-land owner shall be entitled compensation for the land
acquired at Rs.1191 per cent with all other statutory benefits.