Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | LAND ACQUISITION ACT, 1894:s.4(1) and 23 - Acquisition of agricultural lands - Compensation - Factors for consideration - Compensation awarded to similarly situated nearby lands - Permissible deduction - Escalation in market value - HELD: Reference court should have deducted 20% from value of adjacent land to determine market value of lands in question, keeping in view its comparable lesser potential, and allowed 7. 5% cumulative increase towards escalation of price - As regards ·- the small piece of land which was surrounded by commercial establishments, the market value fixed by reference court and affirmed by High Court confirmed. The State of Haryana issued Notification dated 16.8.1995 u/s 4(1) of the Land Acquisition Act, 1897 for ). F acquisition of 319.31 acres of agricultural lands in villages Mujhari, Neemka, Sihi, Jhajru and Pyala of District • Faridabad for construction of a Gas Based Power Project of National Thermal Power Corporation Limited. The compensation awarded by the Collector was enhanced r G by the reference court to Rs.14,81,0401- per acre (equivalent to Rs.3061- per sq. yard) for the lands in villages Mujhari, Neemka and Sihi, Rs.9,19,6001- per acre 1f. (equivalent to Rs.190/- per sq. yard) for the land in village Jhajru, and Rs.3,00,000/- per acre for the land in Village Pyala. Appeals of the claimants for further enhancement and of NTPC for reduction in compensation having been dismissed by the High Court, both filed the appeals. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2009 INSC 110 |
Petitioner | Faridabad Gas Power Project, Ntpc Ltd. Etc. |
Respondent | Om Prakash & Ors. Etc. |
SCR | [2009] 1 S.C.R. 912 |
Judgement Date | 2009-02-05 |
Case Number | 493 |
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