“ From the records it has appeared that barring of few pieces of land, the land acquired from the Mouja- Mainama falls under nal, viti and bastu class of land and thus, for them if the uniform rate is awarded no injustice would be caused to the appellants inasmuch as the Land Acquisition Collector had followed the same suit. Grant of the uniform land value irrespective of their category is not permissible unless that is persuasive in the context of the method that is applied inasmuch as in Trishala Jain and another vs. State of Uttaranchal and another, reported in (2011) 6 SCC 47, the apex court held that the value of sale of small pieces of land can be taken into consideration for determining the value of large tract of land but with a rider that the Court while taking such instances into consideration has to make a reasonable deduction keeping in view of the other attendant circumstances. Similar view has been expressed in State of Madhya Pradesh and others vs. Kashiram(dead) by L.Rs. and others, reported in (2010) 14 SCC 506 and Prabhakar Raghunath Patil and others vs. State of Maharashtra, reported in (2010) 13 SCC 107. The principle as laid down by the apex court firmly indicates to certain flaws that may visit the assessment of the compensation. But in the case in hand, the point is not the comparison of land value of the large tract of land with the small piece of land but the objection is focused as to awarding the uniform rate to inferior quality and category of the acquired land, such as tilla, doba, pukur, pukur par and balu char. According to this Court, however small may be quantity of the said category of land those cannot fetch the similar rate with that of viti, bastu, chara and lunga and nal class of land. Accordingly, 20% shall be deducted for the said category of land from the land value that has been awarded by the Land Acquisition Judge. So far the other objections are concerned about use of the highest sale instance from the sale instances appreciated by the Land Acquisition Collector, this Court is of the view that there is no illegality in the said method. In Mehrawal Khewaji Trust (Regd.), Faridkot and Ors. vs. State of Punjab and Ors., reported in AIR 2012 SC 2721, the apex court has held in the unequivocal terms that the highest comparable exemplar from the comparable sale exemplars has to be accepted. For purpose of reference, para-15 of the said report is reproduced herein:
