Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 : ss. 4(1) and 23 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894 : ss. 4(1) and 23-Acquisition of/and-Compensation-Determination of Factors to be considered-Held, market value of the land acquired is to be determined as on the date of publication of notification u/s 4(1)-A comparable sale instance may be identified having regard to proximity from time angle as also from situation angle-When amount of compensation is to be determined on yardage basis, at least one third of land acquired should be deducted towards development purposes-Different deductions, one for largeness of land and another for development costs are permissible-On facts, since lands were acquired as they would submerge under Dam water and development of the area had stopped, the lands would not have any potential value. Compensation determined accordingly-Claimants would be entitled to interest on solatium. Appellant's lands were acquired in the year 1980 under the provisions of the Land Acquisition Act, 1894, as the same would have come under submergence of water of Kadana Dam. As regards compensation, the litigation between the parties went up to the High Court which based its decision on a sale deed for 46.30 sq. mtrs. of land of a different village; and upon making a deduction of 33% for larger areas and 25% for smaller areas held the claimants entitled to compensation at the rate of Rs. 180 per sq. mtr. and Rs. 206 per sq. mtr. respectively for the large and small areas. The High Court, however, held that the claimants were not entitled to interest on the amount of solatium. In the appeals filed by the State Government as well as the claimants, it was contended for the State that the High Court erred in relying on the sale deed of a small area, and in not deducting 50% from the value of the lands keeping in view the large area of the lands as also on the ground of future developments which were required to be made. For the claimants it was contended that the lands under acquisition were fully developed and the High Court erred in relying on the sale deed of the land of a different village for the purpose of making deductions towards future developments; and deduction both for the largeness as well as development was not permissible. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 204 |
Petitioner | Viluben Jhalejar Contractor (d) By Lrs. |
Respondent | State Of Gujarat |
SCR | [2005] 3 S.C.R. 542 |
Judgement Date | 2005-04-13 |
Case Number | 2485 |
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