Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894 - s.23 - Compensation - Determination of, on basis of market value of comparable lands - Passage of time between different acquisitions - Held: On facts, compensation accordingly enhanced from Rs.280/- per sq. yard to Rs.325/- per sq. yard. Land Acquisition Act, 1894 - s.23 - Compensation - Land in question falling within municipal limits - Deduction towards development costs - Held: On facts, deduction of 40% unjustified - Cut of 331/3 per cent more realistic. Land Acquisition Act, 1894 - s.23 - Compensation - Land under acquisition already developed to some extent - Held: On facts, cut of 50% on the value is excessive - At best a standard cut of 1/3rd would have been sufficient. Land Acquisition Act, 1894 - s.23 - Compensation - Land under acquisition already within developed municipal limits - Held: On facts, cut of 60%, as imposed by the High Court, inappropriate - Cut of one-third the value would be appropriate. Land Acquisition Act, 1894 - s.23 - Compensation - Land under acquisition divided into belts - Held: On facts, having regard to the potentiality of the acquired lands, the belting system should not have been resorted to. Land Acquisition Act, 1894 - s.23 - Compensation - Land under acquisition having substantial potential - Sharp in value of lands in recent times - Held: On facts, although, High Court had allowed a yearly increase of 12%, taking 1983 as a base-year, such increase was not commensurate with the yearly escalation of prices and that was required to be calculated on a cumulative basis - Compensation directed to be reassessed by applying the cumulative rate of increase at the rate of 12% per annum with the base year being the date of the Notification u/s.4 of the Act, together with the statutory benefits |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2013 INSC 240 |
Petitioner | Ashrafi And Ors. |
Respondent | State Of Haryana And Ors. |
SCR | [2013] 6 S.C.R. 148 |
Judgement Date | 2013-04-11 |
Case Number | 3279-3287 |
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