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 Allowed |
Headnote | Land Acquisition. Act, 1894: Compensation - Determination of - Relevant factors - Held: For computation of compensation, large number of factors to be taken into consideration, namely, nature and quality of land, whether irrigated or unirrigated, facilities for irrigation like existence of well etc., presence of fruit bearing trees, location of the land, closeness to any road or highway, the evenness thereof, o whether there exists any building or structure - Reference court awarded compensation on the basis of classification of lands as also on the ground that there were fruit bearing trees thereon - Finding of fact arrived at by reference court was interfered with by High Court on the surmises and conjectures - High Court's order set aside. The Government of Maharashtra required lands in question for "Uthala Irrigation Project". The Special Land Acquisition Officer in his award fixed the market value of the lands from Rs.1301- to Rs.230/- per Acre. In addition F thereto, compensation was granted for fruit bearing trees, wells, pipe lines, structures of cow-shed/Gotha and Bandh etc. holding that some of the lands under acquisition were Jirayat and some were Bagayat lands but not notified as such. Relying on the revenue record G for the last three years, it was held that though the lands were shown as wetlands but they were in fact seasonally irrigated, and hence could not be treated as bagayat lands. The valuation of the said lands, therefore, was made treating them as Jirayat lands. Statutory allowance A was also granted as provided by Section 23(2) of the Land Aquisition Act. Additional compensation @ 12% per annum of the market value from the date of publication of notification i.e., 28.10.1998 till the date of award, i.e., 27.7.1990, was also granted. The Reference Court classified the lands principally in two categories. It disagreed with the opinion of the ยท Collector that only the entries made in the revenue records of right particularly the registers 7 and 7/12 were c to be considered for determining the market value of the lands acquired opining that the land revenue assessment is only one of the factors but t9gether therewith, comparable sale instances, quality and fertility of the lands acquired, their potential value, location, etc. were also relevant. A sum of Rs.1,00,000/- per hectare was fixed as market value for the Bagayat lands; Rs. 75,000/- per hectare was determined for the Jirayat lands besides other statutory dues. The entitlement for additional amount of compensation towards the value of fruit bearing trees was upheld. Reference Court also held that E the existence of irrigation facility in the form of wells and development of orchards on the acquired lands shows that they had huge potential value and no evidence in rebuttal was adduced by the respondents on this point. The High Court allowed the appeals in part upon reclassifying the entire land under acquisition into four groups. It held that compensation granted separately for the land as also on the basis of valuation of the fruit bearing trees was impermissible; that when potential of land is taken into consideration, the irrigation facilities available and crop pattern, the acceptable method of fixing market value should be only comparable sales instance. Aggrieved claimants filed these appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 523 |
Petitioner | Navanath & Ors. |
Respondent | State Of Maharashtra |
SCR | [2009] 6 S.C.R. 632 |
Judgement Date | 2009-04-15 |
Case Number | 92 |
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