NDLI: U.p. Awas Evam Vikash Parishad Vs. Asha Ram (d) Thr. Lrs & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition: Comparable sale – Land acquired under s.28 of Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam 1965
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 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Land Acquisition: Comparable sale – Land acquired under s.28 of Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 – Market value should be based on the sale instances, which are proximate to both the date of notification under s.28 of the Act and to the land sought to be acquired – Sale instances four years later than the publication of s.28 – Cannot be taken into consideration in terms of s.24 of Land Acquisition Act – Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 – s.28 – Land Acquisition Act, 1894 – s.24. Land Acquisition: Market value of land – Determination of – Held: Potentiality of the acquired land is one of the primary factors to be taken into consideration to determine market value of land – The question whether a land has potential value or not primarily depends upon its condition, situation, use to which it is put or its reasonable capability of being put and also its proximity to residential, commercial or industrial areas/institutions – The existing amenities like water, electricity as well as the possibility of their further extension, for instance whether near about town is developing or has prospects of development have to be taken into consideration – It also depends upon the connectivity and the overall development of the area – Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 – s.28.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2021 INSC 201
Petitioner	U.p. Awas Evam Vikash Parishad
Respondent	Asha Ram (d) Thr. Lrs & Ors.
SCR	[2021] 3 S.C.R. 751
Judgement Date	2021-03-23
Case Number	337

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