Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 – ss.4 6 and 18 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 – ss.4, 6 and 18 – Acquisition of land (situated in village Sohana) vide notification in question dated 26-10-1990 – Compensation of Rs.4 lakhs per acre awarded by Reference Court, upheld by High Court – Challenge before Supreme Court – Relevance, if any, of subsequent notification dated 11-11- 1993, wherein compensation of Rs.8 lakhs per acre was awarded – Whether determination of market value subsequent to the notification in question would be relevant – Held: Though appreciation in price can be presumed, but the market value cannot be assessed by applying suitable deduction in the market value of the land acquired by a subsequent notification – When the later notification was issued, development activities had already been taken place in view of two earlier notifications – It was not the percentage of increase in the market value but increase due to development which had taken place on account of earlier notifications – Therefore, market value of the land in question cannot be based upon the land acquired vide notification dated 11-11-1993 and when there were other intervening notifications – Alternatively, if one examines market value of land acquired vide earlier notification dated 4-2-1981 in village Sohana (wherein compensation of Rs.1.25 lakhs per acre was awarded), after giving yearly increase of 10% per annum, even then the market value arrived at (corresponding to year 1990) would be Rs.2.94 lakhs per acre, which is not more than market value of Rs. 4 lakhs per acre determined by High Court – Reference Court had awarded compensation of Rs.4 lakhs per acre in respect of land situated in another village (Village Lakhnaur), which was also acquired vide same notification – Such determination was not appealed against either by the land owners or by the State – High Court rightly relied upon such determination to assess market value of land in question at Rs.4 lakhs per acre – No interference warranted. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 515 |
Petitioner | Bhag Singh Etc. |
Respondent | Union Of India & Anr. |
SCR | [2022] 3 S.C.R. 144 |
Judgement Date | 2022-05-05 |
Case Number | 4070- 4075 |
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