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 Disposed Off |
Headnote | Land Acquisition Act, 1894 - ss. 4, 18 & 23(1-A) - Acquisition for public purpose - Land acquired falling. in the Revenue Estate of Tohana, Tehsil Tohana, District Fatehabad, Haryana - Compensation - Determination of :.... Held: The acquisition of land in Fatehabad District itself, which was acquired in the year 1993 was the subject matter of consideration in the Asharfi case - It is clear fr.om the said judgment that price of land in the said area in 1991 was fixed @ Rs. 4201· per square yard - Supreme Court had applied the formula of 12% increase per year in the valuation of/and and on that basis fixed the market rate at approx. Rs.5201- per square yard and after taking a deduction of one-third, the valuation was arrived at Rs.3501- per square yard in the year 1993 - Going by the formula adopted in the said judgment, 12% per annum increase can be applied on the value of land determined as Rs.5201- per square yard in the year 1993, upto the year 2001 when Notification u/s.4 of the Act was issued in the instant case - However, from 1993 to 2001, there was attrition in the land rates - Therefore, on facts, land value enhanced by applying the formula of 12% per annum increase for a period of 4 years, instead of taking entire period 1993 and 2001 - When calculated in this manner, valuation of land in the year 2001 comes to Rs. 7701· per square yard- After making one-third deduction therefrom, the net valuation comes to Rs.5141- per square yard- Compensation accordingly fixed@ Rs.5141- per square yard for the acquired land of appellants. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 832 |
Petitioner | Kashmir Singh |
Respondent | State Of Haryana & Ors. |
SCR | [2013] 16 S.C.R. 1079 |
Judgement Date | 2013-12-13 |
Case Number | 11030 |
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