Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894-Sections 4(1) and 23(1) Indian Stamp Act, 1899-Section 47A-Compensation-Determination of-Acquisition of Agricultural land for building Bus Stand-Stamp Act and Commissioner's Assessment-Reliance for determining market value-Determination by High Court after 53% deduction as developmental charges-Held : Deduction of 53% under Building Rules and 33 1/3 under General Rules required-Stamp Act and Commissioner's assessment cannot form the basis for determination of compensation-Hence, deduction not illegal. 5 acres and 10 guntas of agricultural land abutting national Highway within the limits of Municipality was acquired by a Notification under Section 4(1) for establishment of Bus Stand. Sanction for conversion of two acres into non-agricultural land was obtained two years prior to the Notification. The Land Acquisition Officer awarded Rs. 5,000 per acre with the finding that the lands are situated in developing area, though at the point of time, the land was agricultural, it possessed potential value for building purposes, but are not capable of immediately realising the price as building sites, No steps were taken to have the non-agricultural lands developed as building plots. On reference, Civil Court determined the compensation @ 30,000 per acre. In appeal to High Court the appellants placed the sale deed which fetched consideration of Rs. 41,000 and relied on Government circular determining the value of the lands for the purpose of fixing stamp duty and Registration fee and also placed commissioner's report regarding the valuation assessed by him. The Court rejecting them, determined the compensation Rs. 18 per Sq. yd. after deducting 53% as developmental charges and concurred with the finding of the land acquisition officer. In appeal to this court, the appellant contented that in MFA No. 670/71 for expansion for Hospital, compensation of Rs 35 per Sq. yd. was awarded by High Court and that in view of the situation of the land and having regard to establishment of bus stand, compensation determined by High Court was illegal. Dismissing the appeal |
Judge | N/A |
Neutral Citation | 1995 INSC 867 |
Petitioner | K. S. Shivadevamma And Ors. Etc. |
Respondent | Assistant Commissioner And Land Acquisition Officer And Anr. |
SCR | [1995] Supp. (6) S.C.R. 364 |
Judgement Date | 1995-12-08 |
Case Number | 12116 |
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