| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Land Acquisition Act 1894 – Purpose of acquisition of land relevant factor for determining market value and deduction of developmental charges |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Land Acquisition Act, 1894 – Purpose of acquisition of land relevant factor for determining market value and deduction of developmental charges – Deduction of developmental charges, when not proper – Lands acquired for excavation of coal – Land Acquisition Officer fixed the market value for the acquired lands – Not satisfied with the compensation, the original land owners/ claimants sought references – Reference Court fixed the market value at Rs.30,000/- and Rs.50,000/- per acre with compensation @ Rs.15,000/- per acre towards sub-soil mineral rights – High Court awarded compensation @ Rs.80,000/- per acre considering the market value of the land at Rs.1,23,000/- per acre and thereafter deducting 1/3rd, in addition High Court also awarded Rs.10,000/- per acre as part of the market value for sub-soil rights – On appeal, held: The purpose for which acquisition is made is also a relevant factor for determining the market value and the purpose for which the land is acquired must also be taken into consideration – In the present case, when the acquisition is solely for the purpose of excavation of coal and the entire land is acquired on the basis of the estimates of the coal reserve identified and the entire land is to be mined and used and no further developmental activity is required, the High Court erred in deducting 1/3rd towards developmental activities – Further, additional amount of Rs.10,000/- per acre awarded on account of coal deposits, not interfered with – Thus, original claimants are entitled to the compensation for the lands acquired at Rs.1,23,000/- per acre with other statutory benefits which may be available under the Act – In addition, also entitled to Rs.10,000/ - per acre as awarded by the High Court on account of coal deposits – Impugned judgment modified to the aforesaid extent. |
| Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
| Neutral Citation | 2022 INSC 1185 |
| Petitioner | S. Shankaraiah Thr. Gpa Holder & Ors |
| Respondent | The Land Acquisition Officer And Revenue Divisional Officer Peddapali Karimnagar Dist. & Ors. |
| SCR | [2022] 10 S.C.R. 95 |
| Judgement Date | 2022-11-09 |
| Case Number | 6821 |
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