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 Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: Compensation – Determination of – s.4 Notification issued in the year 2008 for acquisition of land for improvement of Bird Sanctuary– Award of compensation – Dissatisfied with quantum of compensation, land- owner filed appeal before High Court – Land-owner relied upon document (Ex.P.17) by which for the land acquired in the year 2011, the amount of compensation was awarded @ Rs.60 lakhs per acre – Mainly relying on Ex P.17 and thereafter on “guesswork” by impugned judgment, High Court enhanced the amount of compensation to Rs.40 Lakhs per acre – Aggrieved State filed instant appeal – Held: Award Ex.P.17, which was relied upon by the High Court was for the acquisition subsequent to the land acquired in the instant case, i.e. after a period of three years and, therefore, High Court ought not to have relied upon the same while determining the market price of the land acquired in 2008 – Moreover, Ex.P.17 was a consent award – The consent award ought not to have been relied upon and/or considered for determining the compensation in case of another acquisition – Even otherwise, High Court determined the compensation relying upon Ex.P.17 mechanically – High Court did not at all consider whether the lands acquired in the instant case was similarly situated to the lands acquired in the case of Ex.P.17 – Matter remanded to High Court to decide the first appeals afresh in accordance with law and on their own merits and thereafter to determine the market price/compensation. Land Acquisition Act, 1894: Comparable sales – There may be different market prices/compensation with respect to different lands, may be in the same village and/or nearby location – The land, which is on a prime location and which is on the highway and/or at a proximity to a highway may have a different market price than the land which is situated in a different location/interior of the village and which might not have a good potential for development. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 330 |
Petitioner | Special Land Acquisition Officer And Ors. |
Respondent | N. Savitha |
SCR | [2022] 1 S.C.R. 807 |
Judgement Date | 2022-03-22 |
Case Number | 2052-2053 |
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