Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 land Acquisition Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | land Acquisition Act, 1894:land acquisition-Appeals before High Court-Against commonjudgement and same subject matter filed by claimants as well as Union ofIndia-Segregation and disposal of appeals filed by claimants while appealsfiled by Union of India kept pending-Propriety-Held, the method ofsegregation of appeals filed by the claimants from the appeals filed by theUnion of India for separate consideration as well as the manner of disposaladopted also do not conform lo a proper, reasonable and lawful exercise ofpowers of the appellate court -Where several appeals are before an appellateforum filed in the form of counter claims both of the land owners as well asthe acquiring authorities, for determination of the proper market value andassessment of fair compensation, the process involved in such adjudication,necessarily has lo be a related one, taking together, the combination of allrelevant factors and the adjudication cannot be undertaken in a disinjuctedmanner by dealing with such claims, though pertaining to the same subject-matter, separately and distinctly-Such compartmental consideration ofcompeting and conflicting claims relating to one and the same matter wouldseriously jeopardize a proper and effective determination and assessment ofthe market value and/air compensation to be paid/or the property acquired-When large extent of undeveloped lands are acquired and the courts have loassess the market value of the acquired property also taking into account thepotentialities for developed uses, courts devised the method of imposingdeductions of a reasonable percentage of the average market value to ultimatelyarrive at the actual market values to be paid -The process of suchdetermination being inevitably a composite one keeping in view a combinationof several and varying factors, the same cannot be legitimately undertaken ina disinjuncted and compartmentalised manner, without sacrificing uniformityin approach and resultant injustice to parties-Besides, some of the observationsmade in the judgements itself would amount to virtual foreclosure of the claimsof the land owners substantially who are seeking to oppose deduction asagainst the plea of the authorities for deduction of 53% towards developmentcost-Appeal-Appeals by rival parties against same judgement and same subjectmatter-Segregation for disposal separately-Propriety-Practice andProcedure. |
Judge | N/A |
Neutral Citation | 2003 INSC 219 |
Petitioner | Charanjit Kaur (dead) Thr. Proposed Lrs. |
Respondent | Union Of India And Ors. |
SCR | [2003] 3 S.C.R. 439 |
Judgement Date | 2003-04-04 |
Case Number | 3068-3069 |
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