Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition: Compensation – Award of – Assessment of market value of the Lands by the High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Town Improvement Act, 1922 (4 of 1922) Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration : Whether the order passed by the High Courtconferring the total amount of compensation payable to the land owners atRs. 2,400/- per marla for the land Chahi, for the remaining kinds of land forthe village Purhiran, and for all kinds of land for village Sutehri, along withall statutory benefi ts available under the Land Acquisition Act, by applyingone third cut on the assessed market value of Rs. 3,000/- per marla, towardsdevelopment charges; and by not relying upon the sale deeds executed forthe shops prior to the date of acquisition, warrants any inference u/Art. 136of the Constitution.Land Acquisition: Compensation – Award of – Assessment ofmarket value of the lands by the High Court – Deduction of one thirdamount towards development charges – Correctness of:Held : High Court considered the relevant factors prescribed under theAct – It duly considered all the sale instances in the light of the evidence onrecord and relied upon sale instances executed in close proximity to the dateon which the lands in question were acquired – Assessment of market valueso determined after imposing cut of one third towards development chargeswas rightly done, thus, does not warrant any interference. [Paras 10 and 15]Land Acquisition : Compensation – Award of – Deduction towardsdevelopment charges – Determination of:Held : Courts should keep in mind the nature of land, area underacquisition, the development of land and its extent of development, the purpose of acquisition etc – While determining the market value of large chunk ofland, the value of smaller pieces of land could be taken into consideration,however, after making appropriate deduction in the value of lands or settingapart land required for carving out roads, leaving open spaces, plotting outsmaller plots etc – Percentage of deduction or the extent of area requiredto be set apart has to be assessed by the courts having regard to the size,shape, situation, user etc. of the lands acquired – It is essentially a kind ofguess work the courts are expected to undertake. [Para 11]Land Acquisition – Market value of the land – Determinationof – Guiding principles:Held : For ascertaining the market value of the land, its existingcondition, location and user, its proximity to residential, commercial orindustrial area etc. are the factors to be considered – Size and nature ofthe lands acquired and size and nature of the lands in respect of which saleinstances are produced, are also an important aspects – Sale instances ofsmall piece of land cannot form reasonable basis to determine the marketvalue of large chunk of land, unless suitable deductions are made in respectof development charges – Deductions to be made would depend on thenature of land, its topography, special features and state of its developmentso as to make it suitable for the purpose for which it is acquired. [Para 8]Constitution of India: Art. 136 – Extra-ordinary jurisdictionunder – Exercise of:Held : Under Art. 136, plenary jurisdiction exercisable on assumingappellate jurisdiction has been conferred upon the Supreme Court –However, it is an extraordinary jurisdiction which must be exercised inexceptional circumstances with great care and caution. [Para 7] |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 735 |
Petitioner | Mala Etc. Etc. |
Respondent | State Of Punjab And Others |
SCR | [2023] 11 S.C.R. 121 |
Judgement Date | 2023-08-17 |
Case Number | 3992-4000 |
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