Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894-Sections 4(1) & 23(1)-Notification u/s 4( 1 } Land Acquisition Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Land Acquisition Act, 1894-Sections 4(1) & 23(1)-Notification u/s r- 4(1}-Determination of compensation-Comparable sales-Certified copies of sale deed-Admissible in evidence as secondary evidence-Vendor or vendee to be examined as witness-Nature and situation of respective lands are relevant-When suitable deduction to be made.Certain land to the extent of 69 acres and 25 gunthas was acquired to provide house-sites. Notification u/s 4(1) of the Land Acquisition Act was published on March 4, 1985 and possession was taken dispensing with the inquiry u/s 5-A. The Land Acquisition Officer determined compensation between Rs. 6000 to Rs. 10,000 per acre. Petitioners claimed compensation at the rate of Rs. 40 per Sq. yd. On reference u/s 18, the Subordinate Judge determining compensation at Rs. 10 per sq. yd. deducted Rs. 3 towards developmental expenditure and then fixed the market value at Rs. 7 per sq. yd. Dissatisfied, the petitioner as well as the State filed the appeals in the High Court. The High Court dismissed both the appeals and held that fixation of compensation by the reference court was fair and reasonable and that the certified copies of the sale deeds brought as evidence on record did not reflect the true and correct market value.In this appeal the petitioner admitted that all the sale deeds adduced were of small extents as the lands were situated within the municipal limits, but those sale transactions furnished the basis to determine the compensation of Rs. 40 per sq. yd. and they could not be rejected as being of small extents. |
Judge | N/A |
Neutral Citation | 1995 INSC 146 |
Petitioner | Kummari Veeraiah And Ors. |
Respondent | State Of Andhra Pradesh |
SCR | [1995] 2 S.C.R. 379 |
Judgement Date | 1995-02-28 |
Case Number | 4021 |
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