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 Dismissed |
Headnote | Land Acquisition Act, 1894:ss.15, 23, 24 - Award of compensation by High CourtScope of interference by Supreme Court - Held: Is very limited - Interference is warranted only if it is found that courts below applied wrong principles or omitted to take relevant factors affecting valuation - On facts, there is no ground to interfere with the award of High Court as it took into consideration an instance which was more closer to appellant's land in respect of the date of acquisition was in the same village and was acquired for the same purpose. Lands measuring 4 acres 2 guntas situated in Survey No. 434, Manthoor village of Pulkal Mandal in Medak District of Andhra Pradesh were acquired for a public purpose, namely for submergence under the Singnoor project by issuing a Notification under Section 4(1) of the Land Acquisition Act on 15th July, 1987. Land Acquisition Officer made an award fixing the compensation at the rate of Rs. 9,0001ยท per acre. Appellant sought reference under s.18 of the Act. The reference court fixed the market value of the acquired land at Rs. 20,0001- per acre. Appellant preferred an appeal to the High Court seeking enhancement of compensation @ Rs.351- per square yard. Appellant relied on Ex. A.6 which was an order of the reference court in another case, in respect of land approximately 100 yards, away, which was acquired for the same purpose nearly two years before the acquisition of the subject land whereunder compensation was paid A @ Rs.18/- per square yard.High Court preferred to rely on its earlier judgment and declined to rely on Ex. A.6, and dismissed the appeal. Hence the appeal. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2009 INSC 487 |
Petitioner | Mohammad Raofuddin |
Respondent | The Land Acquisition Officer |
SCR | [2009] 5 S.C.R. 864 |
Judgement Date | 2009-04-13 |
Case Number | 2385 |
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