SUPREME COURT REPORTS [2010] 10 S.C.R. 1

Acquisition Act, 1894 clearly provides that the amount of compensation awarded for the land acquired is required to be determined on the basis of market value of the land at the time of publication of the Notification under Section 4 of the Act. Therefore, it is the duty of both, the Land Acquisition Officer as also of the court, to determine the actual compensation payable for the land acquired by referring to evidence regarding fair and just compensation near about the proximate date or on the date itself of the publication of the notification under section 4 of the Act. At times, in order to prove the actual, fair and just compensation for the land acquired, sale deeds of the adjacent land or nearabout adjacent land are produced to indicate the trend of the value of the land within the near vicinity of the acquired land. Such sale deeds are taken notice of generally when they are prior in point of time to the date of Notification, and any sale deed which is dated post Notification is generally ignored, unless evidence is led to show that there was no increase in price despite such acquisition. As a result of such acquisition, the market value of the adjacent land would generally, and in most cases, go up and, therefore, such post notification transaction may not be a sound criterion to determine and assess the value of the acquired land. [Paras 12 and 14] [8-F-H; 10-C] 1.2 In the instant case, the appellant has not adduced any evidence to show that the market value of adjacent land has not increased in the interregnum. Ex. A1 and Ex. A4 are sale deeds executed subsequent to the date of notification under Section 4(1) and for this reason, the High Court held these to be irrelevant for the purpose of determining compensation. The reference court and the High Court were justified in rejecting these sale deeds A