NDLI: Special Land Acquisition Officer and Anr. Vs. M.k. Rafiq Saheb

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Act 1894: 252
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 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Land Acquisition Act, 1894: 252Compensation - Determination of market value of land - Comparative sales method - High Court relied upon exemplar Ex.PS to determine the market value of compensation - Ex. P-5 related to a small piece of land, whereas the acquisition was of a larger piece of land - Whether Ex. P5 could be used to determine the market value of land - Held: It is not an absolute rule that when the acquired land is a large tract of land, sale instances relating to smaller pieces of land cannot be considered - There are certain circumstances when sale deeds of small pieces of land can be used to determine the value of acquired land which is comparatively large in area -The sale of land containing large tracks are generally very far and few - This limitation of sale transaction cannot operate to the disadvantage of the claimants - Thus, the Court should look into sale instances of smaller pieces of land while applying reasonable element of deduction - In the present case, the land acquired was 34 guntas and the notification under section 4 of the Act was issued on 17. 7. 1994 - The Reference Court had relied upon the compensation awarded for acquisition of land in the neighbouring villages, which had occurred 5 years prior to the present acquisition - However, the market value of the land acquired in the present case is much better reflected by exemplar Ex. P-5, which relates to sale of land just 2 kms. away from the acquired land and is just a little over a year before the issuance of the s. 4 notification in the present case - Thus, the sale deed Ex. P- 5 was rightly relied upon by the High Court in determining compensation - However, High Court made 50% deduction since the sale instance Ex. P-5 related to a smaller piece of land - The said deduction should be increased to 60%, which would be fair, just and reasonable in the circumstances - Judgement of High Court modified to the extent of the said deduction.Nature of acquired land - Whether the land in question was agricultural land or had it ceased to be so - Held: That the land had ceased to be agricultural land and was capable of being used as a residential or industrial site is a concurrent finding of fact by both the Courts below (Reference Court and the High Court) and is amply supported by the evidence on record - Appellant did not file any appeal impugning the finding of the reference. Court. that the land court not be treated as agricultural land - Not having done so, it was not open to the appellant to question the finding of the High Court that the land is not agricultural land "'"" Otherwise also, in light of the fact that the land in question was situated by the side of a residential locality and was in the midst of a highly developed industrial locality, the acquired land was capable of being used for non-agricultural purposes and should be considered as non-agricultural land in determination of compensation.
Judge	Hon'ble Mr. Justice A.K. Ganguly
Neutral Citation	2011 INSC 453
Petitioner	Special Land Acquisition Officer And Anr.
Respondent	M.k. Rafiq Saheb
SCR	[2011] 8 S.C.R. 1088
Judgement Date	2011-07-05
Case Number	1086

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Special Land Acquisition Officer and Anr. Vs. M.k. Rafiq Saheb

Please Log-in to view this content

Special Land Acquisition Officer Vs. Karigowda & Ors.

Siddappa Vasappa Kuri and Anr. Vs. Special Land Acquisition Officer and Anr.

Bankatlal Vs. Special Land Acquisition Officer & Anr.

Special Land Acquisition Officer and Ors. Vs. N. Savitha

Manharlal Shivlal Panchal & Others Vs. The Deputy Collector & Special Land Acquisition Officer & Others

Special Land Acquisition Officer, Kheda and Anr. Etc. Vs. Vasudev Chandrashankar and Anr. Etc.

Special Land Acquisition Officer Vs. Indian Standard Metal Co. Ltd.

Special Land Acquisition Officer Vs. Puttaiah and Ors.

Special Land Acquisition Officer, Bombay and Others Vs. Godrej and Boyce

Special Land Acquisition Officer and Anr. Vs. M.k. Rafiq Saheb

Special Land Acquisition Officer and Anr. Vs. M.k. Rafiq Saheb

Please Log-in to view this content

Similar Documents

Special Land Acquisition Officer Vs. Karigowda & Ors.

Siddappa Vasappa Kuri and Anr. Vs. Special Land Acquisition Officer and Anr.

Bankatlal Vs. Special Land Acquisition Officer & Anr.

Special Land Acquisition Officer and Ors. Vs. N. Savitha

Manharlal Shivlal Panchal & Others Vs. The Deputy Collector & Special Land Acquisition Officer & Others

Special Land Acquisition Officer, Kheda and Anr. Etc. Vs. Vasudev Chandrashankar and Anr. Etc.

Special Land Acquisition Officer Vs. Indian Standard Metal Co. Ltd.

Special Land Acquisition Officer Vs. Puttaiah and Ors.

Special Land Acquisition Officer, Bombay and Others Vs. Godrej and Boyce

Special Land Acquisition Officer and Anr. Vs. M.k. Rafiq Saheb