(H.L. Dattu, C.J. and A.K. Sikri, J.)
Hari Singh __________________ Appellant
v.
Union of India & Anr. __________ Respondent(s)
Civil Appeal No. 11296 of 2011
Decided on February 2, 2015
The Judgement of the court was delivered by
ORDER
1. This appeal is directed against the judgment and order passed by the High Court of Delhi at New Delhi in L.A. Appeal No. 994 of 2008, dated 07.06.2011.
2. Both sides agree that the issue raised in this appeal are identical with the issues raised and considered by this Court in the case of Krishan Kumar v. Union of India, Civil Appeal No. 9910 of 2011 etc.etc., decided on 17.12.2014.
3. In the case of Krishan Kumar (supra), the issue was with respect to the quantum of compensation for the acquisition of the lands. The appellants therein produced only one sale deed dated 09.12.1993 and contended that it was the best exemplar. The same sale deed was not considered to be a relevant exemplar by this Court by rejecting the credit worthiness of the sale deed. The buyer in the sale deed in question had admitted that he had no knowledge of the topology of the area and that he had not put the said land to any use. The sale deed was considered to be in the nature of a speculative transaction and could not have been considered as a reflective of the real market value.
4. The order in the case of Krishan Kumar (supra) referred to the decision of this Court in Mohammad Raofuddin v. Land Acquisition Officer (2009) 14 SCC 367, in which this Court held that the test is the price which an informed buyer would pay to the willing seller and to be an informed buyer there must be evidence that the buyer has knowledge of the topology of the area. The Court observed that in the total absence of the exemplars in the case, some increase, but only marginal one, can be ordered over and above the circular rates fixed by the Government Orders and granted an increase of Rs. 1,00,000/- per acre in the said case.
5. Following the aforesaid decision, this civil appeal is also disposed of in the same terms, observations and directions. No costs.
6. Ordered accordingly.
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