Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - s. 23 - Market value of the acquired land - Determination of - Land acquisition for .construction of rehabilitation centre - Award of compensation in favour of land owner 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 - Market value of the acquired land - Determination of - Land acquisition for .construction of rehabilitation centre - Award of compensation in favour of land c owner - High Court re-determined the compensation at Rs.13,93,920/- per acre as against Rs. 6,75,000/- per acre awarded by the reference court with all statutory benefits - On appeal, held: On facts, land acquired is a large chunk of land-30 acres approx., not fully developed land, for establishment of rehabilitation centre situated within the municipal limits, one side abutting the main district road and some, buildings have come up in its near proximity - Land owners did not file any exemplar's sale deed in relation to large chunk of land to prove the price in acres but all sale deeds relied on by the landowners pertain to very small piece of land sold in the range of Rs.551- per sq. ft. to Rs.851- per sq. ft. except two parcels of land sold for Rs.100/- per sq. ft. and Rs.2181- per sq. ft. - It is not safe to rely on one or two isolated sale deeds of high value of very small plots - In view thereof, it would be just, fair and proper to work out the average value of these plots and to deduct 40% of the amount towards development charges out of the average price worked out - Thus, market value of the land is worked out as F Rs.60/- per sq. ft. - Land owners entitled to compensation at the rate of Rs. 60/- per sq ft. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 595 |
Petitioner | Vithal Rao & Anr. Etc. |
Respondent | The Special Land Acquisition Officer |
SCR | [2017] 6 S.C.R. 335 |
Judgement Date | 2017-07-07 |
Case Number | 1645-1647 |
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