Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 24 & 25 1894-ss. 23 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - ss.23, 24 & 25:Acquisition of large tracts of land-Fixation of market value - With reference to sale instances in respect of small plots of land - Permissibility - Held: Where large area is subject matter of acquisition, rate at which small plots are sold cannot be a safe criteria - However, in absence of any other material and in appropriate cases, the adjudicating Court can make comparison of prices paid for small plots and determine compensation in respect of the acquired land albeit after making necessary deductions/adjustments.Acquisition of land - For development purpose - Determination of compensation - Deduction towards development charges - Held: Depends upon facts of each case - In respect of agricultural/undeveloped land having potential for housing or commercial purposes, normally 1/3rd compensation has to be deducted subject to certain variations depending on nature of the acquired land, its location, extent of expenditure involved for development etc.Land situated in village was acquired by Appellant authority under a Housing and Development Scheme. Special Land Acquisition Officer determined market value of acquired land at the rate of Rs.2.20 per sq.ft. and on that basis awarded compensation under Section 11 of the Land Acquisition Act, 1894. Land owners filed reference application under Section 18 of the Act seeking higher compensation contending that the acquired land was adjacent to the Lucknow-Sitapur Highway and near developed colonies and hence had great potential. Tribunal determined market value of the land at Rs.6 per sq.ft. and accordingly awarded compensation. The award was upheld by the High Court. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1127 |
Petitioner | Lucknow Development Authority |
Respondent | Krishna Gopal Lahoti And Ors. |
SCR | [2007] 11 S.C.R. 921 |
Judgement Date | 2007-11-02 |
Case Number | 5112 |
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