The Supreme Court on Tuesday said there may be different market prices or compensation awarded in respect to different lands, which even may be situated in the same village or nearby location.
"The land, which is on a prime location and on the highway or at a proximity to a highway may have a different market price than the land which is situated in a different location or interior of the village and which might not have a good potential for development," a bench of Justices M R Shah and B V Nagarathna said.
The top court set aside a judgement of the Karnataka High Court, which had enhanced rates of compensation to Rs 40 lakh from Rs 30 lakh per acre for the lands acquired in 2008-09 for the public purpose of improvement of Ranganathittu Bird Sanctuary at Srirangapattana.
It noted the High Court relied upon the compensation awarded at a rate of Rs 60 lakh per acre in 2011 for the formation of a double line railway broad gauge between Bengaluru and Mysore City.
The top court said the High Court ought not to have relied upon the market price of the land acquired in 2011 while determining compensation for lands acquired in 2008, on the basis of some “guesswork”. It also pointed out the compensation in 2011 was determined as a consent award, which cannot be the basis to award the compensation in other acquisitions.
The bench remanded the matter back to the High Court for fresh decision within three months to determine the market price and compensation, considering the material on record, other than the 2011 award, which cannot be said to be comparable.
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