Delay condoned. Substitution allowed.
Leave granted.
The appellants are the claimants under the Land Acquisition Act. The
lands in question stood acquired for development of industrial Sector No.58,
Faridabad.
The main controversy in the present case is that in the entire judgment of
the reference court, the discussion relates to lands acquired for development of
Industrial Sector No.59 pursuant to the notification dated 10th June, 1988. There is
no discussion in the context of Sector No.58. In matter of valuation, courts are
required to consider relevant instances. In the present case, the entire
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discussion by the Reference Court proceeds in the context of Section No.59 and,
therefore, we find merit in the contention advanced on behalf of the appellant herein
that his claim cannot be decided on the basis of sale instances concerning the
acquisition of the lands in industrial Sector No.59. There is a First Appeal pending in
the High Court but that First Appeal also relates to Sector No.59. The High Court
has merely copied extracts from the judgment of the Reference Court.
For the afore-stated reasons, we set aside the impugned judgment of the
High Court in the present case and we remit the matters to the Reference Court for
deciding the rate of compensation payable to the appellants herein in the context of
Sector No.58, Faridabad. We make it clear that we have not gone into the merits of
the case in the sense that we have not examined any of the sale instances pertaining to
Section No.58. It would be open to the Reference Court to examine the matter de
novo in accordance with law and any observations made herein will not come in its
way. It would be open the Reference Court to consider relevant sale instances and
the proximity of the lands, if at all, to the lands in Section No.59. We express no
opinion on that aspect of the case.
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Before concluding, we quote herein-below our order dated 25th August,
2005:
“Counsel for the petitioners states that so far as the petitioners in
these special leave petitions are concerned, there is no consideration of
their case by the learned Single Judge or by the Division Bench. He
further states that so far as Sector 58 is concerned, he is not claiming
compensation on the basis of what may be awarded in respect of the
land acquired in Sector 59.”
On a bare reading of the said order, it is clear that the appellants will not
claim compensation on the basis of what is awarded in respect of the lands acquired
for development of Sector 59. This aspect is important because the appellants have
made it clear before this Court by way of an affidavit that they will claim
compensation only on the basis of the value of the land in Sector 58 and in that
regard they have to adduce evidence before the Reference Court. Therefore, the rate
of Rs.165/- awarded by the Reference Court earlier will not be binding on either
parties and the Reference Court is free to decide the market value de novo in
accordance with law. The said rate of Rs.165/- is set aside.
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Civil Appeals are disposed of accordingly. No order as to costs.
(B. SUDERSHAN REDDY) New Delhi, August 04, 2008.