# 14 (ADDL.) S.C.R. 399 SECRETARY, AGRICULTURAL PRODUCE MARKET COMMITTEE, BAILHONGAL v. QUASAMI JANAS AJMATALLA SATAMULLA AND ANR

- **Citation:** [2009] 14 S.C.R. 399
- **Court:** Supreme Court of India
- **Decided:** 2009-09-11
- **Case number:** Civil Appeal No. 6235-6236 of 2009
- **Bench:** R.V. Raveendran, B. Sudershan Reddy
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/14-addl-s-c-r-399-secretary-agricultural-produce-market-committee-bailhongal-v-24958
- **Pages:** 4

## Headnote

~
Land Acquisition Act, 1894:
Compensation - Land Acquisition· Officer determined
compensation amount - Compensation amount enhanced by
the reference court - High Court reduced the amount -
Judgment of High Court did not contain any facts or reasons
A
B
c
•
for the decision - On appeal, held: The judgment of High
D
..t
Court was very short and sketchy and showed non-application
of mind while deciding the appeal - Matter remitted to High
Court for fresh disposal - Judgment/order .
Judgment/Order: Reasoned order - Importance of -
Discussed.
E

## Text

[2009) 14 (ADDL.) S.C.R. 399
SECRETARY, AGRICULTURAL PRODUCE MARKET
COMMITTEE, BAILHONGAL
v.
QUASAMI JANAS AJMATALLA SATAMULLA AND ANR.
(Civil Appeal No. 6235-6236 of 2009)
SEPTEMBER 11, 2009
[R.V. RAVEENDRAN AND B. SUDERSHAN REDDY, JJ.]
~
Land Acquisition Act, 1894:
Compensation - Land Acquisition· Officer determined
compensation amount - Compensation amount enhanced by
the reference court - High Court reduced the amount -
Judgment of High Court did not contain any facts or reasons
A
B
c
•
for the decision - On appeal, held: The judgment of High
D
..t
Court was very short and sketchy and showed non-application
of mind while deciding the appeal - Matter remitted to High
Court for fresh disposal - Judgment/order .
Judgment/Order: Reasoned order - Importance of -
Discussed.
E
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
6235-6236 of 2009.
From the Judgment & Order dated 01.12.2008 of the High
Court of Karnataka at Bangalore in MFA No. 7903 of 2007 Cl
F
w MFA No. 2701 of 2007.
G.V. Chandrashekar, N.K. Verma and Anjana
Chandrashekar for the Appellants.
The following Order of the Court was delivered
ORDER
1. Leave granted. Heard the learned counsel.
399
G
H
400
SUPREME COURT REPORTS [2009] 14 (ADDL.) $.C.R.
A
2. The lands belonging to the respondent situated at Kittur
Shigihalli, measuring 8 acres 7 guntas, were acquired for the
benefit of the appellant Market Committee. In regard to the said
acquisition initiated under preliminary notification dated
26.03.2002, the Land Acquisition Officer determined the
8 compensation as Rs. 36,000/- per acre. The Reference Court
increased it to Rs. 4,00,000/- per acre. The High Court
disposed of the appeal filed by the appellant by the impugned
Judgment dated 1.12.2008 reducing the compensation from
Rs.4,00,000/- per acre to Rs. 3,75,200/- per acre. The appellant
C challenges the said judgment, not being satisfied by the
marginal reduction.
3. We find that the judgment of the High Court is very short
and sketchy and does not contain any facts. It contains only a
reference to a table of sale statistics relating to nine
D transactions given by the sub-Registrar and the following
E
reasoning:
"In the present case the notification is dated 26th March,
2002. The sale of one gunta sold in Sy. No.6 for R.1400
the value of land at that rate would Rs.156, 000. If 33% is
deducted towards development charges the compensation
would be Rs.3,75,200/- per acre."
\
It is not possible to discern either the facts or the reasons
._..
for the decision. There is no refe(~mce to the findings of the
F reference court. There are several errors in1the two sentences
deciding the appeals. Firstly, the ~eference to 'Sy.No.6' is
erroneous. The table of nine sale st~tistics contained in the
judgment does not refer to Survey No. 6: Further if one gunta
was sold for Rs. 1400/- as assumed by the Hi@h Court, the value
G per acre (40 guntas) would be only Rs. 56,000/-. If 33% is
deducted therefrom the market value will be Rs. 37 ,520/- and
not Rs.3,75,200/-. Even if the price of one acre is taken as Rs;
1,56,000/- as stated by the High Court and if 33% is deducted
towards development charges, the market value will be
H , Rs.1,04,520/- per acre. Therefore, there is absolutely no basis
SECRETARY, AGRICULTURAL PRODUCE MARKET COMMITTEE, 401
BAILHONGAL v. QUASAMI JANAS AJMATALLA SATAMULLA
A
for calculating the value as Rs.3, 75,200/- as arrived at by the
( + High Court. If the High Court had some other mode of calculation
t
in mind, that is not indicated in the judgment. This shows nonapplication of mind while deciding the appeal.
r'
......
4. It is however possible that the High Court was referring
8
to serial no.6 in the Table of sale statistics extracted in the
judgment which relates to sale of one gunta of land in Sy. No.83/
28 of Kittur village for Rs.14000/- under a deed registered on
24.11.2001, which works out to Rs. 560,000/- per acre and if
~ 33% id deducted therefrom towards development charges, c
shows a value of Rs.375,200/- per acre. But unfortunately, the
judgment does not say so. Further there is no explanation why
other sale transactions in the table, particularly Serial No. 5
should be ignored. There is also no finding that the land at
Serial No. 6 of the table is comparable to the acquired land o
,.
....4 and have similar development potential. There is also no
reasoning as to why the deduction towards development
charges (deductions for roads/drains/amenities etc. and the
cost of development) was restricted to 33% instead of the
standard deduction in the range of 50% to 67% applicable to
E
agricultural land. Therefore, the appeal requires to be remanded
to the High Court, for fresh disposal. If the High Court had
1. considered the matter in a little more detail and with little more
+-care, this remand could have been avoided.
5. We are conscious of the high pendency and work load
F
on the High Courts. Some learned Judges, in their effort to
speed up disposals and reduce pendency, tend to write cryptic
and short orders. While expedition and brevity is to be
encouraged and appreciated, the importance of reasons in
support of the decision cannot be ignored. If judgments in first ,G
appeals are written without reference to facts (where decision
~ is on facts) or without assigning any justifiable reason/s for the
decision, they will be open to legitimate criticism. The litigants
will be puzzled by the lack of reasoning and will lose faith in
the institution. Further any appellate court will not be able to
H
402
SUPREME COURT REPORTS [2009) 14 (ADDL.) $.C.R.
A fathom whether the judgment is correct or not. Courts, whose
judgments are subject to appeal have to remember that the + \
function of a reasoned judgment are: (i) to inform the litigant
~
the reasons for the decision; (ii) to demonstrate fairness and
correctness of the decision; (iii) to exclude arbitrariness and
B bias; and (iv) to enable the appellate/revisional court to
pronounce upon the correctness of the decision. Be that as it
may.
6. We, therefore, allow the appeals, set aside the judgment
,.__
of the High Court and remand the matter to the High Court for
C fresh consideration and disposal in accordance with law. We
request the High Court to dispose of the matter expeditiously.
D.G.
Appeal allowed.