Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: ss. 4 Land Acquisition Act 6 - Land acquisition - Determination of market rates - Award of compensation - Enhancement |
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: ss. 4, 6 - Land acquisition - Determination of market rates - Award of compensation - Enhancement - On facts, High Court upheld the awards of the Land Acquisition officer as regards compensation @ Rs.33,00,0001- per acre for the land up to the depth of 2 acres in the bye-pass and Gair Mumkin kind of land whereas it enhanced the compensation from Rs.18, 00, 0001- per acre to Rs.24, 75,0001- per acre for the land beyond 2 acres - On appeal, held: Acquired land was a large chunk of land having its frontage abutting the roadside - Courts below justified in applying Belting System for determining the market rate - Further, it was neither permissible and nor proper to rely solely upon the rates of small plots and then determine the compensation for a large chunk of acquired land - Thus, taking into consideration all the relevant factors-location of the acquired land, its surroundings, nature, potentiality, rates of small plots, the purpose of acquisition, development cost needed, non-availability of the sale deeds for large areas sold in acres, etc., just, fair and proper market value of the acquired land is determined at Rs.45,00,0001- per acre in place of Rs.33,00,0001- per acre and Rs.35,00,(JOOI- per acre in place of Rs.24,75,0001- per acre. ss. 4, 6 - Land acquisition - Determination of market rates by applying Belting System - Held: Where large pieces of land having different locations are acquired, Belting System is considered apposite for determining the market value of the lands - In Belting System, the acquired land is usually divided in two or three belts depending upon the facts of each case - Market value of the front belt abutting the main road is taken to fetch maximum value whereas the second belt fetches two third or so of the rate determined in relation to the first belt and the third belt, fetches half or so of the maximum.Land acquisition - Fair and reasonable market value of anyacquired land- Determination of- Guiding factors - Held: Is alwaysa question of fact and its answer depends on the nature of evidence,circumstances and probabilities appearing in each case.Land acquisition - Potentiality of the acquired land - Relevantconsideration, to be taken into consideration - Elucidated. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1058 |
Petitioner | Bijender & Ors. |
Respondent | State Of Haryana & Anr. |
SCR | [2017] 10 S.C.R. 534 |
Judgement Date | 2017-10-27 |
Case Number | 2846 |
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