Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894 Determination of Just compensation Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 – Compensation – Just compensation – Determination of – Acquisition of land for public purpose – High Court awarded compensation for lands acquired vide notification dated 13.01.2010 at Rs. 2,98,54,720/- per acre with all statutory benefits – Whether while determining compensation, the High Court materially erred in taking into consideration and/or relying upon the earlier judgment of Supreme Court in State of Haryana Vs. Ram Chander which awarded Rs. 2,38,00,000/- per acre for lands acquired vide notification dated 25.01.2008 and then granting a cumulative increase of 12% – Held: In its’ said earlier decision, Supreme Court determined compensation at Rs. 2,38,00,000/- per acre with the specific observation that the judgment may not be treated as a precedent – However, even on merits also, the Supreme Court considered and accepted sale instances produced on behalf of land owners ranging between 2007 and 2008 – Therefore, as such determination of compensation at Rs. 2,38,00,000/- per acre with respect to land acquired vide notification issued on 25.01.2008 can be said to be the base and considering the time gap between 2008 notification and 2010 notification, a suitable enhancement ranging between 8% to 15% is permissible – In the facts and circumstances of the case and considering the sale instances produced on record, instead of 12% enhancement on Rs. 2,38,00,000/- a 10% increase can be said to be just compensation and may meet the ends of justice – In that view of the matter, market value for the lands acquired vide notification dated 13.01.2010 will be at Rs. 2,87,98,000/- per acre – Land owners concerned accordingly entitled to compensation at Rs. 2,87,98,000/- per acre with all other statutory benefits available under the Land Acquisition Act, 1894. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 120 |
Petitioner | State Of Haryana & Anr. |
Respondent | Subhash Chander & Ors. |
SCR | [2023] 1 S.C.R. 443 |
Judgement Date | 2023-02-10 |
Case Number | 859 |
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