Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: s.23 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: s. 23 – Land acquisition proceedings undertaken by the State Government for the Maharashtra Industrial Development Corporation for extension of Industrial estate in Village Bhoyar – Special Land Acquisition officer declared awards and determined the quantum of compensation payable to the original claimants – Reference Court enhanced the amount of compensation – Both original claimants as well as the acquiring body preferred appeals against the award passed by the Reference court – High Court disposed of all the appeals and cross objections by the impugned common judgment and order while partly allowing the appeal preferred by the Acquiring body and reducing the compensation amount awarded by the Reference Court – Held: High Court rightly relied upon and considered the only sale exemplar of the same village while determining compensation and discarded sale exemplars with respect to another village Lohara which were either of the period subsequent to the land acquired in the present case and/or the same were with respect to small areas of land – However, impugned amount of compensation modified – Instead of 10% cumulative increase as adopted by the High Court, 12% cumulative increase would be just and proper and in the fitness of things – So far as submission on behalf of the claimants that the lands in question were acquired for the industrial corporation and were to be used for the industries/commercial purpose and accordingly the compensation should have been paid is concerned, what is required to be considered is that the lands in question were agricultural lands – Even for the purpose of industrial use and/or industries, the corporation is required to incur the expenditure towards its development and therefore the development charges would have to be deducted while determining the compensation – However, in the present case, development charges not deducted – Even otherwise, the future use of the acquired land cannot be the main criteria to determine the compensation for the lands acquired. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 437 |
Petitioner | Ramrao Shankar Tapase |
Respondent | Maharashtra Industrial Development Corpn. And Others |
SCR | [2022] 19 S.C.R. 149 |
Judgement Date | 2022-04-19 |
Case Number | 2732 |
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