K. Kannan, J. - (1.) (Oral)- All the appeals are for enhancement of compensation for the properties acquired. The issue is simple and the calculations are just as well not complicated. This genre of litigation constitutes the biggest influx to the Court, more than even accident claims, with no matching results of disposal. We need a strategy for quicker disposal with optimum details graphically brought out not only for easier compensation but also for more accurate results that could bring a higher quotient of litigant satisfaction. I would suggest a judicial approach for the lower Courts to follow so that a greater output is achieved. It shall be the endeavour of the Court to detail the date of notification issued under Section 4, the total extent of property acquired, the purpose of acquisition and the assessment made by the Collector. If there are also additional details such as the location of the property as conducing for higher assessment, the same should be set forth. The special features of the property like existence of trees or structures are also to be given. This shall constitute the preamble of the judgment.
(2.) While dealing with the several documents cited, it has been the experience that parties rely on sale instances prior to notification as well as after notification. It shall be appropriate that the Court tabulates the necessary details of sales with reference to the exhibit numbers, the dates, the extent, the consideration, the value per acre and the information of whether the sale instances are located in any rough sketch filed by any of the parties. The determination of valuation already made through awards passed by a reference Court or in a higher forum are also cited as exemplars and the Court shall set down the details with reference to the date of notification, the extent and the village where the property is situated and the compensation awarded by the Court to the extent to which they are relevant for consideration at the time when the Court determines compensation. This makes way for a quicker comprehension for a litigant to know how the valuation is assessed and if such an award is challenged in a higher forum, for the higher Court to come to grips with the facts without much ado. It could bring to pellucidity its approach to the factual details brought through documentary and oral evidence. I would suggest the following as a kind of template for the trial Court to adopt and I incorporate the details that pertains to this case: I DETAILS OF AWARD JUDGEMENT_194_LAWS(P&H)12_2012_1.html II SALE INSTANCES JUDGEMENT_194_LAWS(P&H)12_2012_2.html Post notification JUDGEMENT_194_LAWS(P&H)12_2012_3.html Previous award JUDGEMENT_194_LAWS(P&H)12_2012_4.html
(3.) While tabulating the sale instances with particulars, the following factors are kept in mind, which incidentally are relevant in the instant case as well: (i) Sale instances shall be preferably within 4-5 years from the date of notifications. Rate of escalations could be 10-15% per year for urban properties and half the said rate for rural properties. [ONGC Ltd. v. Rameshbhai Jivanbhai Patel, (2008) 4 SCC 745] (ii)In case of several exemplars principle of averaging shall be adopted only if prices range in a narrow bandwidth [ Anjani Molu Dessai v. State of Goa and another, (2010) 13 SCC 710 ] (iii) Court shall not keep out of reckoning sale values, merely because they are less than Collector's valuation [ Lal Chand v. Union of India, (2009) 15 SCC 769 ] (iv) If averaging can not be adopted, the highest value can be adopted [ Mehrawal Khewaji Trust v. State of Punjab, (2012) 5 SCC 432 ] (v) Small instances pertaining to small plots of land could be relied on even for acquisition of larger extents of land, if suitable instances of comparable sales as regards of large extents and equal quality are not available. But suitable deductions could be applied, depending on need for development, character of land, locational advantage, etc. [ Prabhakar Raghunath Patil v. State of Maharashtra, (2010) 13 SCC 107 . It could range between 10% to 67% or for special reasons, upto 75%.] III THE LOCATION OF THE PROPERTY: In order to assimilate the data, it is essential to examine the special features that pertain to the particular case at hand. Ex.P1 is a site plan prepared that gives the details of acquired land. It is seen to be running South-East of metaled roads from village Dhand on the West to village Kaul on the East; immediately North of the road is the agricultural land of the University and along the road towards East are the Stadium of the University and Research Center, Punjab National Bank, College building and Gram Panchayat Bhawan. Alongside the acquired land towards the East are the agricultural land belonging to Janta High School, Mini Bank, Veternity Hospital, Government High School etc. The property acquired are comprised in a portion of khasra Nos. 87 and 112. The field sketch relating to properties situated near the acquired land is brought through Ex.P5. The sketch shows the properties in khasra No.125 are near Janta College. It cannot, therefore, be denied that the property had potential for sales for nonagricultural purpose although the acquired lands are agricultural lands. The consideration of the value could, therefore, take note of the potentiality of the land as not merely agricultural land but the property acquired as fit for nonagricultural purposes.;