(Arun Mishra and Mohan M. Shantanagoudar, JJ.)
Civil Appeal Nos. 11814-11864 of 2017
[Arising out of SLP(C) Nos. 8024-8074/2017]
State of Haryana and Others ________________________ Appellant(s);
v.
Ram Chander and Another ________________________ Respondent(s).
With
C.A. Nos. 11277-11281/2017 @ SLP(C) Nos. 2423-2427/2017
Ramesh and Others
v.
State of Haryana and Another
With
C.A. Nos. 11362-11364/2017 @ SLP(C) Nos. 32424-32426/2016
Ram Kumar @ Ram Kanwar and Others
v.
State of Haryana and Others
With
C.A. Nos. 11375-11379/2017 @ SLP(C) Nos. 7645-7649/2017
Gobind and Another
v.
State of Haryana and Another
With
C.A. Nos. 11380-11382/2017 @ SLP(C) Nos. 32084-32086/2017
Vijay Kumar etc. etc.
v.
State of Haryana and Others
With
C.A. Nos. 11384-11389/2017 @ SLP(C) Nos. 32351-32356/2017
Naresh Kumar and Others
v.
State of Haryana and Another
With
C.A. No. 11390/2017 @ SLP(C) No. 16084/2017
Bijender Singh (D) Through Lrs.
v.
State of Haryana and Others
With
C.A. Nos. 11391-11394/2017 @ SLP(C) Nos. 12731-12734/2017
Birbal and Others
v.
State of Haryana and Another
With
C.A. Nos. 11395-11398/2017 @ SLP(C) Nos. 12262-12265/2017
Dhanpati and Another
v.
State of Haryana and Another
With
C.A. Nos. 11399-11402/2017 @ SLP(C) Nos. 13073-13076/2017
Sudarshan etc. etc.
v.
State of Haryana and Another
With
C.A. Nos. 11403-11409/2017 @ SLP(C) Nos. 13306-13312/2017
Phool Singh and Others
v.
State of Haryana and Another
With
C.A. Nos. 11410-11413/2017 @ SLP(C) Nos. 32329-32332/2016
Joginder and Others
v.
State of Haryana and Another
With
C.A. No. 11414/2017 @ SLP(C) No. 32382/2016
Usha Rani
v.
Land Aquisition Collector and Others
With
C.A. Nos. 11415-11423/2017 @ SLP(C) Nos. 2554-2562/2017
Om Prakash etc. etc.
v.
State of Haryana and Another
With
C.A. Nos. 11469-11473/2017 @ SLP(C) Nos. 12669-12673/2017
Sukhbir and Others
v.
State of Haryana and Others
With
C.A. Nos. 11474-11476/2017 @ SLP(C) Nos. 15262-15264/2017
Kishni Devi and Others
v.
State of Haryana and Others
With
C.A. No. 11477/2017 @ SLP(C) No. 2460/2017
Om Parkash and Others
v.
State of Haryana and Another
With
C.A. No. 11478/2017 @ SLP(C) No. 32030/2016
L.D. Real Estate LLP
v.
Land Acquisition Collector and Others
With
C.A. Nos. 11479-11482/2017 @ SLP(C) Nos. 15218-15221/2017
Mani Jain etc. etc.
v.
State of Haryana and Others
With
C.A. No. 11485/2017 @ SLP(C) No. 30034/2016
Sudha Upadhayaya
v.
State of Haryana and Others
With
C.A. No. 11486/2017 @ SLP(C) No. 13298/2017
Vinay Kumar Sapra
v.
Land Acquisition Collector and Others
With
C.A. No. 11487/2017 @ SLP(C) No. 12237/2017
Vinay Kumar Sapra
v.
Land Acquisition Collector and Others
With
C.A. No. 11492/2017 @ SLP(C) No. 30479/2016
Dhruv Arora
v.
Land Acquisition Collector and Others
With
C.A. No. 11493/2017 @ SLP(C) No. 30506/2016
Shiv Om Verma
v.
State of Haryana and Others
With
C.A. No. 11494/2017 @ SLP(C) No. 30027/2016
Sunita Bhat
v.
State of Haryana and Others
With
C.A. Nos. 11559-11560/2017 @ SLP(C) No. 33121-33122/2016
Babu Ram Gupta etc. etc.
v.
State of Haryana and Another
With
C.A. No. 11569/2017 @ SLP(C) No. 30353/2016
Sunil Barua
v.
Land Acquisition Collector, Gurgaon and Others
With
C.A. No. 11570/2017 @ SLP(C) No. 30512/2016
Nik Verma
v.
Land Acquisition Collector, Urban Estate Gurgaon and Others
With
C.A. No. 11571/2017 @ SLP(C) No. 30031/2016
Ashish Kumar and Another
v.
State of Haryana and Others
With
C.A. No. 11572/2017 @ SLP(C) No. 30012/2016
Mastakeem Ahmed
v.
Land Acquisition Collector, Gurgaon and Others
With
C.A. No. 11573/2017 @ SLP(C) No. 30611/2016
Lt. Col. Azad Singh Dagar (Retd.)
v.
Land Acquisition Collector and Others
With
C.A. Nos. 11597-11600/2017 @ SLP(C) Nos. 13302-13305/2017
Nathu and Others
v.
State of Haryana and Another
With
C.A. Nos. 11601-11603/2017 @ SLP(C) Nos. 16603-16605/2017
Mahesh Kumar etc. etc.
v.
State of Haryana and Others
With
C.A. Nos. 11623-11631/2017 @ SLP(C) Nos. 10156-10164/2017
Nirmal Dass Etc.
v.
State of Haryana and Others
With
C.A. Nos. 11632-11633/2017 @ SLP(C) Nos. 10752-10753/2017
Chameli and Others
v.
Land Acquisition Collector and Others
With
C.A. No. 11635/2017 @ SLP(C) No. 12281/2017
Lalit Mohan Jain and Others
v.
State of Haryana and Another
With
C.A. Nos. 11281-11292/2017 @ SLP(C) Nos. 11651-11661/2017
Joginder Kumar and Others
v.
State of Haryana and Others
With
C.A. Nos. 11656-11658/2017 @ SLP(C) Nos. 12932-12934/2017
Birbal and Others
v.
State of Haryana and Another
With
C.A. Nos. 11669-11670/2017 @ SLP(C) Nos. 12956-12957/2017
Umed Singh and Others
v.
State of Haryana and Another
With
C.A. Nos. 11671-11678/2017 @ SLP(C) Nos. 12973-12980/2017
Chandgi and Others
v.
State of Haryana and Others
With
C.A. No. 11694/2017 @ SLP(C) No. 12225/2017
Airlight Electronics Pvt. Ltd.
v.
State of Haryana and Others
With
C.A. No. 11730/2017 @ SLP(C) No. 32256/2016
Dharampal Kataria (Dead) Thr Lrs. and Others
v.
State of Haryana and Others
With
C.A. Nos. 11731-11732/2017 @ SLP(C) Nos. 12925-12926/2017
Mahender Singh and Another
v.
State of Haryana and Another
With
C.A. Nos. 11733-11742/2017 @ SLP(C) Nos. 16588-16597/2017
Dharambir and Another
v.
State of Haryana and Another
With
C.A. Nos. 11761-11805/2017 @ SLP(C) Nos. 13315-13359/2017
Ram Chander and Another
v.
State of Haryana and Others
With
C.A. Nos. 11806-11807/2017 @ SLP(C) Nos. 12928-12929/2017
Mahender Singh etc. etc.
v.
State of Haryana and Others
With
C.A. No. 11808/2017 @ SLP(C) No. 13295/2017
Kishan Pal and Others
v.
Land Acquisition Collector, Gurgaon and Others
With
C.A. Nos. 11809-11810/2017 @ SLP(C) Nos. 12755-12756/2017
Vikram Singh etc. etc.
v.
State of Haryana and Another
With
C.A. Nos. 11811-11813/2017 @ SLP(C) Nos. 35314-35316/2016
Kesar and Others
v.
State of Haryana and Others
With
C.A. No. 11865/2017 @ SLP(C) No. 10242/2017
Ruby Sharma
v.
State of Haryana and Others
With
C.A. No. 11866-11867/2017 @ SLP(C) Nos. 33156-33157/2016/2016
Raj Singh and Others
v.
State of Haryana and Others
With
C.A. No. 11885/2017 @ SLP(C) No. 13071/2017
Renu Bindal
v.
State of Haryana and Others
With
C.A. No. 11886/2017 @ SLP(C) No. 12256/2017
Hi-Tech Gears Ltd.
v.
State of Haryana and Another
With
C.A. No. 11888/2017 @ SLP(C) No. 13439/2017
Karambir Singh and Others
v.
State of Haryana and Others
With
C.A. No. 11891/2017 @ SLP(C) No. 8090/2017
Braham Prakash
v.
State of Haryana Through Collector and Another
With
C.A. No. 11892/2017 @ SLP(C) No. 8127/2017
Santosh Devi
v.
State of Haryana and Others
With
C.A. No. 11893/2017 @ SLP(C) No. 12253/2017
Kusum Sharma
v.
State of Haryana and Others
With
C.A. Nos. 11894-11895/2017 @ SLP(C) Nos. 34921-34922/2016
Phool Singh Etc.
v.
State of Haryana and Others
With
C.A. No. 11899-11900/2017 @ SLP(C) Nos. 35762-35763/2016
Ram Prakash and Others
v.
State of Haryana and Others
With
C.A. No. 11293/2017 @ SLP(C) No. 7082/2017
Krishna (Now Deceased) Thr. Lrs. and Others
v.
State of Haryana and Others
With
C.A. No. 11901/2017 @ SLP(C) No. 2449/2017
Omwati (D) Thr. Lrs.
v.
State of Haryana and Another
With
C.A. No. 11902/2017 @ SLP(C) No. 13438/2017
Khillu Ram
v.
Land Acquisition Collector and Others
With
C.A. No. 11294/2017 @ SLP(C) No. 5118/2017
Mukul Vasishta and Others
v.
State of Haryana and Another
With
C.A. No. 11295/2017 @ SLP(C) No. 5008/2017
Indu Devi and Others
v.
State of Haryana and Another
With
C.A. No. 11296/2017 @ SLP(C) No. 5945/2017
Moti Sagar and Others
v.
State of Haryana and Another
With
C.A. No. 11297/2017 @ SLP(C) No. 7081/2017
Moti Sagar and Others
v.
State of Haryana and Another
With
C.A. No. 11912/2017 @ SLP(C) No. 7625/2017
Rama Rani and Others
v.
State of Haryana and Another
With
C.A. No. 11946/2017 @ SLP(C) No. 8077/2017
Bedi Enterprises
v.
State of Haryana and Another
With
C.A. No. 11949/2017 @ SLP(C) No. 8078/2017
Hoshiar Singh and Others
v.
State of Haryana and Another
With
C.A. Nos. 11950-11962/2017 @ SLP(C) Nos. 7655-7667/2017
Ram Chander (D) Thr. Lrs. and Others
v.
State of Haryana and Others
With
C.A. No. 11963/2017 @ SLP(C) No. 8089/2017
Partap Singh and Others
v.
State of Haryana and Another
With
C.A. Nos. 11971-11973/2017 @ SLP(C) Nos. 10420-10422/2017
Nirmal Dass etc. etc.
v.
State of Haryana and Another
With
C.A. No. 12015/2017 @ SLP(C) No. 10812/2017
Ram Nath
v.
State of Haryana and Another
With
C.A. No. 12017/2017 @ SLP(C) No. 8222/2017
Karambir and Others
v.
State of Haryana and Others
With
C.A. Nos. 12773-12775/2017 @ SLP(C) Nos. 24464-24466/2017 @ D. No. 6038/2017
Jai Bhagwan Mangla etc. etc.
v.
State of Haryana and Another
With
C.A. Nos. 12825-12826/2017 @ SLP(C) Nos. 24518-24519/2017 @ D. No. 8385/2017
Alliance Steels Etc.
v.
State of Haryana and Others
With
C.A. Nos. 12026-12031/2017 @ SLP(C) Nos. 10256-10261/2017
Parveen Kataria and Others
v.
State of Haryana and Others
With
C.A. No. 12827/2017 @ SLP(C) No. 24525/2017 @ D. No. 9507/2017
Druzba Overseas Pvt. Ltd.
v.
State of Haryana and Another
With
C.A. No. 12033/2017 @ SLP(C) No. 13519/2017
Saraswati Kunj Infrastructure Pvt. Ltd., New Delhi
v.
State of Haryana and Others
With
C.A. No. 12034/2017 @ SLP(C) No. 14706/2017
Sukhbir Singh and Others
v.
State of Haryana and Another
With
C.A. No. 12039/2017 @ SLP(C) No. 18173/2017
Rita Rani and Another
v.
State of Haryana and Others
With
C.A. No. 12040/2017 @ SLP(C) No. 19536/2017
Sanjay and Others
v.
State of Haryana and Others
With
C.A. No. 12041/2017 @ SLP(C) No. 21172/2017
Satyam Agro Industries
v.
State of Haryana and Others
With
C.A. No. 12043/2017 @ SLP(C) No. 21240/2017
Hakam Singh and Another
v.
State of Haryana and Others
With
C.A. Nos. 13831-13934/2017 @ SLP(C) No. 24829-24932/2017 @ D. No. 11111/2017
State of Haryana and Another
v.
Ram Kishan and Another
With
C.A. No. 14996/2017 @ SLP(C) No. 15367/2017
Futuristic Builtech Pvt. Ltd.
v.
State of Haryana and Another
And
C.A. No. 15015/2017 @ SLP(C) No. 20072/2017 @ D. No. 14074/2017
Moti Sagar and Others
v.
State of Haryana and Others
Civil Appeal Nos. 11814-11864 of 2017 (Arising out of SLP(C) Nos. 8024-8074/2017); C.A. Nos. 11277-11281/2017 @ SLP(C) Nos. 2423-2427/2017; C.A. Nos. 11362-11364/2017 @ SLP(C) Nos. 32424-32426/2016; C.A. Nos. 11375-11379/2017 @ SLP(C) Nos. 7645-7649/2017; C.A. Nos. 11380-11382/2017 @ SLP(C) Nos. 32084-32086/2017; C.A. Nos. 11384-11389/2017 @ SLP(C) Nos. 32351-32356/2017; C.A. No. 11390/2017 @ SLP(C) No. 16084/2017; C.A. Nos. 11391-11394/2017 @ SLP(C) Nos. 12731-12734/2017; C.A. Nos. 11395-11398/2017 @ SLP(C) Nos. 12262-12265/2017; C.A. Nos. 11399-11402/2017 @ SLP(C) Nos. 13073-13076/2017; C.A. Nos. 11403-11409/2017 @ SLP(C) Nos. 13306-13312/2017; C.A. Nos. 11410-11413/2017 @ SLP(C) Nos. 32329-32332/2016; C.A. No. 11414/2017 @ SLP(C) No. 32382/2016; C.A. Nos. 11415-11423/2017 @ SLP(C) Nos. 2554-2562/2017; C.A. Nos. 11469-11473/2017 @ SLP(C) Nos. 12669-12673/2017; C.A. Nos. 11474-11476/2017 @ SLP(C) Nos. 15262-15264/2017; C.A. No. 11477/2017 @ SLP(C) No. 2460/2017; C.A. No. 11478/2017 @ SLP(C) No. 32030/2016; C.A. Nos. 11479-11482/2017 @ SLP(C) Nos. 15218-15221/2017; C.A. No. 11485/2017 @ SLP(C) No. 30034/2016; C.A. No. 11486/2017 @ SLP(C) No. 13298/2017; C.A. No. 11487/2017 @ SLP(C) No. 12237/2017; C.A. No. 11492/2017 @ SLP(C) No. 30479/2016; C.A. No. 11493/2017 @ SLP(C) No. 30506/2016; C.A. No. 11494/2017 @ SLP(C) No. 30027/2016; C.A. Nos. 11559-11560/2017 @ SLP(C) No. 33121-33122/2016; C.A. No. 11569/2017 @ SLP(C) No. 30353/2016; C.A. No. 11570/2017 @ SLP(C) No. 30512/2016; C.A. No. 11571/2017 @ SLP(C) No. 30031/2016; C.A. No. 11572/2017 @ SLP(C) No. 30012/2016; C.A. No. 11573/2017 @ SLP(C) No. 30611/2016; C.A. Nos. 11597-11600/2017 @ SLP(C) Nos. 13302-13305/2017; C.A. Nos. 11601-11603/2017 @ SLP(C) Nos. 16603-16605/2017; C.A. Nos. 11623-11631/2017 @ SLP(C) Nos. 10156-10164/2017; C.A. Nos. 11632-11633/2017 @ SLP(C) Nos. 10752-10753/2017; C.A. No. 11635/2017 @ SLP(C) No. 12281/2017; C.A. Nos. 11281-11292/2017 @ SLP(C) Nos. 11651-11661/2017; C.A. Nos. 11656-11658/2017 @ SLP(C) Nos. 12932-12934/2017; C.A. Nos. 11669-11670/2017 @ SLP(C) Nos. 12956-12957/2017; C.A. Nos. 11671-11678/2017 @ SLP(C) Nos. 12973-12980/2017; C.A. No. 11694/2017 @ SLP(C) No. 12225/2017; C.A. No. 11730/2017 @ SLP(C) No. 32256/2016; C.A. Nos. 11731-11732/2017 @ SLP(C) Nos. 12925-12926/2017; C.A. Nos. 11733-11742/2017 @ SLP(C) Nos. 16588-16597/2017; C.A. Nos. 11761-11805/2017 @ SLP(C) Nos. 13315-13359/2017; C.A. Nos. 11806-11807/2017 @ SLP(C) Nos. 12928-12929/2017; C.A. No. 11808/2017 @ SLP(C) No. 13295/2017; C.A. Nos. 11809-11810/2017 @ SLP(C) Nos. 12755-12756/2017; C.A. Nos. 11811-11813/2017 @ SLP(C) Nos. 35314-35316/2016; C.A. No. 11865/2017 @ SLP(C) No. 10242/2017; C.A. No. 11866-11867/2017 @ SLP(C) Nos. 33156-33157/2016/2016; C.A. No. 11885/2017 @ SLP(C) No. 13071/2017; C.A. No. 11886/2017 @ SLP(C) No. 12256/2017; C.A. No. 11888/2017 @ SLP(C) No. 13439/2017; C.A. No. 11891/2017 @ SLP(C) No. 8090/2017; C.A. No. 11892/2017 @ SLP(C) No. 8127/2017; C.A. No. 11893/2017 @ SLP(C) No. 12253/2017; C.A. Nos. 11894-11895/2017 @ SLP(C) Nos. 34921-34922/2016; C.A. No. 11899-11900/2017 @ SLP(C) Nos. 35762-35763/2016; C.A. No. 11293/2017 @ SLP(C) No. 7082/2017; C.A. No. 11901/2017 @ SLP(C) No. 2449/2017; C.A. No. 11902/2017 @ SLP(C) No. 13438/2017; C.A. No. 11294/2017 @ SLP(C) No. 5118/2017; C.A. No. 11295/2017 @ SLP(C) No. 5008/2017; C.A. No. 11296/2017 @ SLP(C) No. 5945/2017; C.A. No. 11297/2017 @ SLP(C) No. 7081/2017; C.A. No. 11912/2017 @ SLP(C) No. 7625/2017; C.A. No. 11946/2017 @ SLP(C) No. 8077/2017; C.A. No. 11949/2017 @ SLP(C) No. 8078/2017; C.A. Nos. 11950-11962/2017 @ SLP(C) Nos. 7655-7667/2017; C.A. No. 11963/2017 @ SLP(C) No. 8089/2017; C.A. Nos. 11971-11973/2017 @ SLP(C) Nos. 10420-10422/2017; C.A. No. 12015/2017 @ SLP(C) No. 10812/2017; C.A. No. 12017/2017 @ SLP(C) No. 8222/2017; C.A. Nos. 12773-12775/2017 @ SLP(C) Nos. 24464-24466/2017 @ D. No. 6038/2017; C.A. Nos. 12825-12826/2017 @ SLP(C) Nos. 24518-24519/2017 @ D. No. 8385/2017; C.A. Nos. 12026-12031/2017 @ SLP(C) Nos. 10256-10261/2017; C.A. No. 12827/2017 @ SLP(C) No. 24525/2017 @ D. No. 9507/2017; C.A. No. 12033/2017 @ SLP(C) No. 13519/2017; C.A. No. 12034/2017 @ SLP(C) No. 14706/2017; C.A. No. 12039/2017 @ SLP(C) No. 18173/2017; C.A. No. 12040/2017 @ SLP(C) No. 19536/2017; C.A. No. 12041/2017 @ SLP(C) No. 21172/2017; C.A. No. 12043/2017 @ SLP(C) No. 21240/2017; C.A. Nos. 13831-13934/2017 @ SLP(C) No. 24829-24932/2017 @ D. No. 11111/2017; C.A. No. 14996/2017 @ SLP(C) No. 15367/2017; C.A. No. 15015/2017 @ SLP(C) No. 20072/2017 @ D. No. 14074/2017; and C.A. No. 15015/2017 @ SLP(C) No. 20072/2017 @ D. No. 14074/2017, decided on September 5, 2017
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. C.A. NO. 15015/2017 @ SLP(C) NO. 20072/2017 @ D. NO. 14074/2017 is taken on board.
3. Permission to file SLP is granted.
4. Applications for deletion of proforma respondents, condonation of delay in filing substitution application, substitution, transposition are allowed.
5. Leave granted.
6. Delay condoned.
7. These are the appeals preferred against a common judgment passed by the High Court. The acquisition had taken place by the issuance of separate notifications under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’) on 25.1.2008. The lands are situated in 11 different villages. A table is given below, depicting the area of land acquired and the amount of compensation awarded by the Land Acquisition Collector, the Reference Court, and the High Court:
| Sl. No. | Village | Land measuring in acres | LAC AWARD | Amount decided by reference court | Amount decided by the High Court |
| 1 | GURGAON | 51.10 | Rs. 90 Lacs | Rs. 1,64,75,000 CR | Rs. 3,05,01,680 CR |
| 2 | CHOMA | Rs. 60 lacs | Rs. 1,84,00,000 CR | Rs. 4,78,05,588 CR | |
| 3 | PAWALA KHUSRUPUR | 48.23 | Rs. 60 lacs | Rs. 1,41,37,575 CR | Rs. 4,65,52,331 CR |
| 4 | BASAI | 18.20 | Rs. 60 lacs | Rs. 1,75,00,000 CR | Rs. 2,50,00,000 CR |
| 5 | KHERKI MAJRA DHANKOT | 67.07 | Rs. 60 lacs | Rs. 1,26,00,000 CR | Rs. 2,80,00,000 CR |
| 6 | DHANVAPUR | 34.81 | Rs. 60 lacs | Rs. 1,53,00,000 CR | Rs. 3,00,00,000 CR |
| 7 | TEEKAMPUR | 15.28 | Rs. 60 lacs | Rs. 91,87,000 LACS | Rs. 1,81,58,768 |
| 8 | HARSARU | 88.54 | Rs. 50 lacs | Rs. 50,00,000 LACS | Rs. 1,20,14,000 |
| 9 | SIHI | 72.19 | Rs. 60 lacs | Rs. 1,51,71,800 | Rs. 5,09,26,672 |
| 10 | KHERKI DAULA | 27.43 | Rs. 60 lacs | Rs. 1,02,00,000 | Rs. 1,92,30,400 |
| 11 | GARAULI KALAN | 18.53 | Rs. 50 lacs | Rs. 1,21,18,503 | Rs. 2,03,71,678 |
8. The main question urged by the learned counsel appearing on behalf of the parties is that no deduction has been made by the High Court and certain sale deeds have been excluded on the ground that they were for the lesser amount than determined by the Land Acquisition Collector and ratio prescribed by the Collector for the area in question, by virtue of applying the provisions of Section 25 of the Act. It was urged on behalf of the State that the exclusion of sale deeds cannot be said to be proper. Whereas it was contended on behalf of the claimants, who have come up for enhancement of compensation by filing appeals, that the High Court was fully justified in not deducting any land towards the development. The exemplars which have been taken into consideration respectively at Exhibits P.9 and P.16, are for a larger chunk of land, i.e., one acre and 1.6 acres approximately. Thus, the High Court is justified in not making any deduction, as a lot of development has taken place around the acquired land, which is situated between Gurgaon (Now Gurugram) and Dwarka township of New Delhi.
9. We are convinced that the land had immense potentiality and development has also taken place in the nearby area. However, at the same time, we are constrained to observe that the High Court could not have discarded the sale deeds for the lesser amount on the ground that they were excluded by operation of Section 25 of the Act. No doubt that the compensation determined by the Land Acquisition Collector could not be reduced by Reference Court, in view of the provisions of Section 25 of the Act. However, at the same time, the sale deeds are required to be taken into consideration and thereafter considered decision has to be rendered, proper reasons are to be assigned for not accepting the sale deeds though the Court cannot reduce compensation. It would not mean that sale deeds are to be wholly excluded as to adjudge the value of the land. In these cases, there are certain exemplars, which are of much higher value than the one taken into consideration by the High Court, but they belong to smaller plots. Thus, the sale deeds which have been ignored, so long as they are for very small plots, whereas the valuation was more than 3-4 times as determined by the High Court. The High Court was right in excluding the said sale deeds which were of smaller plots but at the same time, the sale deeds, which are for larger area, are taken into consideration, which appears to reflect the proper valuation of the area in question at the relevant point of time, so as to determine the valuation therefrom. We find the valuation arrived at by the High Court to be acceptable. At the same time, the High Court has erred in not deducting the amount, which was required to be reduced towards the development.
10. In our opinion, the deduction of 15% towards development would have been sufficient, which ought to have been made in the instant cases, in the peculiar facts of the case, considering the potentiality of the area in question and the development which has taken place all around. This order not to be treated as a precedent in any other case. Thus, we modify the determination made by the High Court to the above extent only. Let deduction be made accordingly.
11. The appeals of State are allowed to the aforesaid extent and those filed by the owners are dismissed. Pending application, if any, also stands disposed of. Let the amount be paid within four months from today.
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