Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act ss. 4 6 17(2) Enhancement of compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 : ss. 4, 6, 17(2) – Land Acquisition – Enhancement of compensation – On facts, land of the appellants acquired for the construction of Express Highway – Though land acquired on large scale, however, the appellants were land owners of small extent of lands – Award passed and the market value fixed at Rs. 12,50,000/- per acre which was enhanced by the Reference Court to Rs. 43,17,841 and then by the High Court to Rs. 62,11,700/- per acre – Thereafter, on remand of the matter to the Reference Court, on re-appreciation of the evidence and materials available on record, the Reference Court determined the market value of the acquired lands at Rs. 22,00,754/-, however, the High Court reduced the market value to Rs.14,52,010/- per acre – On appeal, held: High Court not justified in merely relying on the circular providing for the floor rates despite other evidence being available on record – Reasoning assigned by the Reference Court in discarding the sale exemplars relied upon by the State Industrial and Infrastructure Development Corporation since they depict the market value of the land which is lower than the amount awarded by the Collector, not justified – When large extent of lands are acquired and if the sale exemplar, also for the large extent is available on record it would be safer to rely on the same if they are comparable transactions – Sale instances of smaller extents cannot be ignored – It can be relied upon subject to appropriate deduction being provided towards development charges – Since small extents of land belonging to the land losers, having non-agricultural potential in an urban area was notified for acquisition, the sale exemplar dated 07.12.2004 can be considered as comparable – Reference Court justified in reckoning the same – Hence, it would be appropriate to reckon the deduction towards development cost at 25 per cent of the value taken into consideration under the document Ex. PX dated 07.12.2004 – Thus, the market value would be Rs. 25,20,000/- per acre, payable with all statutory benefits as compensation for the lands acquired – Furthermore, if any excess amount has been received by any of the land losers than the extent of the compensation determined herein, the excess amount, in any event, is recoverable. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2023 INSC 129 |
Petitioner | Ravinder Kumar Goel |
Respondent | The State Of Haryana & Ors. |
SCR | [2023] 3 S.C.R. 912 |
Judgement Date | 2023-02-15 |
Case Number | 1173 |
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