| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1894 Land Acquisition Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Land Acquisition Act, 1894 – ss. 4 and 23 – Compensation – Enhancement of – A Notification u/s.4 was issued on 06.06.1988 and the land in question was acquired for public purposes for establishing Cotton Spinning and Ginning Mills – The Land Acqusition Officer awarded compensation considering the value of the land at the rate of Rs.25,000/- per acre – The Reference Court relying upon the sale deed dated 24.05.1979 as Ex. AW6/C by which the land admeasuring 43 kanals 13 marlas out of the acquired at the rate of Rs.50,000/- per acre and thereafter granted the increase of 12% per acre and thereafter adopting the cut of 25% determined the compensation at Rs.1,12,000/- per acre – However, the High Court determined the value at Rs.88,400/- per acre after adopting cut of 15% – On appeal, held: In the present case both, the Reference Court as well as the High Court, have determined the value of the land considering the sale deed dated 24.05.1979 which is more than 9 years before the notification of the acquisition – Considering the observations made by the Supreme Court in the case of Rameshbhai Jivanbhai Patel that it is reasonably safe to determine the market value by providing appropriate escalation over the approved market value of nearby lands in the previous years, when relied on sale transactions/acquisitions precede the subject acquisition by only a few years, i.e., upto 4-5 years and beyond that it may be unsafe – The fact that time gap between the sale deed relied upon and the date of notification of acquisition is more than 9 years in the instant case, the courts below ought to have been very cautious in relying upon the sale deed dated 24.05.1979 – Be that it may and assuming that the sale deed dated 24.05.1979 was the best evidence available to determine the value of land acquired, in that case also taking annual increase at the rate of 12% is not justified – In the instant case, in the facts and circumstances of thecase the annual increase/escalation ought to have been at the rate of 10% maximum – The High Court rightly adopted the cut of 15%, which in the facts and circumstances of the case is not required to be interfered with – Therefore, there is no reason to interfere with the impugned judgment of the High Court. |
| Judge | Hon'ble Mr. Justice M.R. Shah |
| Neutral Citation | 2021 INSC 466 |
| Petitioner | Ramesh Kumar V. Bhatinda Integrated Cooperative Cotton Spinning Mill And Ors. |
| Respondent | Bhatinda Integrated Cooperative Cotton Spinning Mill And Ors. |
| SCR | [2021] 7 S.C.R. 787 |
| Judgement Date | 2021-09-13 |
| Case Number | 3875-3876 |
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