Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act Comparable sales – |
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 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894 – Comparable sales – s.4 notification issued to acquire 45 hectares 89 R land – Land Acquisition Officer awarded an amount of Rs.1,13,500/- per Hectare in respect of land bearing survey No. 43/2 and Rs.1,35,000/- per Hectare for the land bearing survey Nos. 40, 41 and 44 – Reference court enhanced the compensation at Rs. 6/- per square foot, after making deduction of 25% towards development charges – High Court, kept compensation at the same rate but subject to 1/3rd deduction instead of 25% deduction towards development charges – On appeal, held: Before reference court, the landowner had relied upon other sale instances which were discarded by reference Court as those sale instances were in respect of small plots – Even High Court agreed with the findings recorded by the reference court with respect to sale instances – As per the settled position of law, the sale instances with respect to small plots of land are not comparable to a large extent of land for the purpose of determining the compensation – In present case, land acquired is a large area which is not comparable with the sale instance at all – Further, deduction of 40% made towards development charges considering that land acquired is a large extent of area, it is an agricultural land not fully developed, the landowner having not filed any exemplar sale deed relating to large pieces of land sold in acres to prove the market value of the acquired land and the exemplars relied upon by the landowner pertained to very small plots which were developed and converted to non-agricultural use. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 396 |
Petitioner | Union Of India |
Respondent | Premlata And Others |
SCR | [2022] 2 S.C.R. 1001 |
Judgement Date | 2022-04-06 |
Case Number | 176-177 |
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