Now arises the question as to whether the awardees are also entitled to any further increase on account of the potentialities of the land. According to this principle, "value of land should be determined not necessarily according to its present disposition but laid out in its most lucrative and advantageous way in which the owner can dispose of it. If the land has, what may be called, an adventitious value, i.e., beyond its agricultural or normal value, and that is a marketable value in the sense that persons wishing for a purpose for which the land is particularly applicable to purchase that land, then the Arbitrator has a fair right to take that into consideration, it is a matter, no doubt, contingent, but it is still a matter, not to be ignored or put out of consideration. In other words, the land is not to be valued merely by reference to the use to which it is being put at the time at which its value has to be determined, but also by reference to the uses to which it is reasonably capable of being put in future.
Print Page
Patna High Court
Smt. Tribeni Devi Sarawgi And Anr. vs Collector on 19 December, 1979
Equivalent citations: 1981 (29) BLJR 27
Bench: H L Agrawal, S S Sinha