Supreme CourtDivision Bench

Pehlad Ram vs Haryana Urban Dev. Authority

Supreme Court Of India · Decided on 28 October 2013 · Citation: (2014) 1 AD 233 : AIR 2014 SC 884 : (2014) 102 ALR 463 : (2013) 15 SCALE 366 : (2014) 2 SCC 524 : (2014) 3 SCJ 88

HON’BLE JUDGES
B.S. Chauhan and S.A. Bobde, JJ.
ACTS & SECTIONS REFERRED
Land Acquisition Act, 1894 — Section 4
RESULT
Disposed Of
CASE NUMBER
Petition(s) for Special Leave to Appeal (Civil) No(s). 12003 of 2013 with SLP(C) No. 12823 of 2013
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Judgment

5 paragraphs · 206 words
1.

Issue show cause notice to the petitioners why this Court should not reduce the amount of compensation awarded by the Reference Court in view of the judgment of this Court in The Dollar Company v. Collector of Madras reported in AIR 1975 SC 1670 which clearly stipulates that in case the land acquisition proceedings stood initiated in close proximity of purchase, then the consideration paid by the purchaser is the best evidence of land''s valuation.

2.

In the instant case, the petitioners have purchased the land on 20.3.1972 and stood notified under Section 4 of the Land Acquisition Act, 1894 on 19.6.1973 i.e. after 15 months of purchase. The petitioners have not disclosed anywhere what was the amount of consideration they have paid for the said land as on 20.3.1972. Therefore, everything had been decided on extraneous consideration by all the courts till now.

3.

In view thereof, petitioners are directed to show cause why this Court should not re-determine the whole amount of compensation as required under the aforesaid judgment of this Court.

4.

Petitioners are directed to file the photocopy of the sale dead dated 20.3.1973 in their favour within a period of two weeks.

5.

List the matter on 18th November, 2013.