Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - s. 23 Compensation 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 - Compensation - Quantum of - Land acquired from villages Ratgal, Sunderpur and Palwal forpublic purpose by Notification dated 08.02.1983 - Award of compensation @ Rs. 40, 0001- per acre for Chahi land and Rs. 25, 0001- per acre for Gair Mumkin land - Claim for enhancement by land owners - Additional District Judge awarding compensation @ Rs. 72, 6001- per acre whereas Single Judge of High Court enhancing it to Rs. 99, 668 per acre - In appeal, Division Bench of High Court enhancing 12% p.a. for two years and founding off the market value of land at Rs. 1,25,0001- per acre - Challenge to, by both land owners and State - Held: Division Bench justified in marginally increasing the compensation to Rs.1,25,0001- per acre - However, it gave a vague finding regarding the distance of the present lands and the lands which were subject matter of documents filed before the court - Lands are abutting Kurukshetra town and can easily be said to be a part and parcel of the town, having great potential - Division Bench should have taken into consideration both the documents while deciding the market. price - It approached the matter in a casual way- Thus, that part of the judgment set aside - Matters remanded to Division Bench of High Court for reconsideration. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2008 INSC 617 |
Petitioner | State Of Haryana |
Respondent | Gurbax Singh (dead) By Lrs & Anr. Etc. |
SCR | [2008] 7 S.C.R. 1191 |
Judgement Date | 2008-05-08 |
Case Number | 2461 |
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