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 Allowed |
Headnote | LAND ACQUISITION ACT, 1894:s. 23 - Compensation for land acquired - computation of - Belting method - Large tract of grassy lands agriculture in nature and situate in 96 villages acquired in 1970 - Land Acquisition Collector awarded compensation at Rs. 0. 351- per sq m. - Findings recorded by reference court that no sale instance was available, there was no industrial or commercial development, no railway station nearby, villages had no lo electricity connection - No evidence brought on record by State to indicate annual average yield - Adopting belting method, reference court enhanced the compensation to Rs. 5, E Rs.6 and Rs.101- per sq. m. - High Court reducing compensation from 101 to Rs.71- per sq.m. and upholding Rs.51- per sq. me. for other lands - Held: In case of this nature some guess work is inevitable - However, keeping in view the principle of potentiality and positive and negative factors, compensation at Rs. 101- per sq. would be appropriate. The respondent State, in order to form a new city under ·New Bombay Project' Issued on 3.2.1970 a Notification u/s 4 of the Land Acquisition Act, 1894 . acqulring a large tract of land situate in 96 villages. A declaration u/s 6 of the Act was published on 21-5-1971. The Land Acquisition Collector valued the lands at 35 palse per sq.m. The reference court adopting the belting method enhanced the compensation to Rs.5/· Rs.6/- and Rs.1 Of· per sq.m. for various lands. The High Court reduced the compensation to Rs.7 for the lands for A which the reference court had awarded compensation at the rate of Rs.10/@ per sq. m. and fOr other lands held the compensation at the rate of Rs.5/a per sq. m. as Justified.In the appeals filed by the land owners, It was contended for the appellants that the reference court and the High Court erred In rejecting the evidence of expert witness (PW 2) who had estimated value of .lands at Rs.15/· per sq.m. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 513 |
Petitioner | Avinash Dhavaji Naik |
Respondent | State Of Maharashtra |
SCR | [2009] 6 S.C.R. 222 |
Judgement Date | 2009-04-15 |
Case Number | 4259 |
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