| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 00 Land Acquisition Act 000 per acre for irrigated lands and Rs. 2 000/- per acre for non-irrigated lands – Reference Court fixed compensation at Rs.5 30 1894 – s.4 – Compensation – Enhancement of – Land in question came to be acquired under the provisions of the 1894 Act for setting up of Liquified Petroleum Gas Plant – Land Acquisition Officer determined and awarded the compensation @ Rs.5 000/- per acre for both irrigated as well as the non-irrigated land – The High Court enhanced the amoun |
| 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 – s. 4 – Compensation – Enhancement of – Land in question came to be acquired under the provisions of the 1894 Act for setting up of Liquified Petroleum Gas Plant – Land Acquisition Officer determined and awarded the compensation @ Rs. 5,30,000 per acre for irrigated lands and Rs. 2,00,000/- per acre for non-irrigated lands – Reference Court fixed compensation at Rs. 5,30,000/- per acre for both irrigated as well as the non-irrigated land – The High Court enhanced the amount of compensation to Rs. 7,00,000/- per acre – Before the High Court and the Reference Court, the landowners had heavily relied upon the sale exemplars/sale instances produced as Ex. P1 to Ex. P4 – The High Court discarded the sale instances Exs. P1, P3 and P4 relied upon on behalf of the landowners by observing that there is a price variation between the sale deeds produced as Ex. P1 and the sale deeds produced as Exs. P3 and P4, thus opined that sale deeds produced as Exs. P3 and P4 are not genuine – On appeal, held: The sale deeds Exs. P1, P3 and P4 were by and/or in favour of a company and the variation in the prices mentioned in the Exs. P1, P3 and P4 cannot be a ground to hold Exs. are not genuine – Exs. P3 and P4 are with respect to the smaller parcel of land considering that there has to be a proper deduction – Looking at Location, potentiality and the purpose of acquired lands, not much development was required like the housing scheme and/or as required for other similar purposes, therefore, if 35% is deducted considering the evaluation with respect to Sale Deed at Ex. P4, the same can be said to be just, reasonable and proper compensation to the original landowners – Therefore, the original landowners shall be entitled to Rs. 12,16,800/- per acre towards compensation for the lands acquired – High Court judgment and order is modified to the said extent. |
| Judge | Hon'ble Mr. Justice M.R. Shah |
| Neutral Citation | 2022 INSC 1122 |
| Petitioner | Hari Ram (deceased) Thr. His Lrs. And Anr. |
| Respondent | Land Acquisition Collector Cum District Revenue Officer Gurgaon And Ors. |
| SCR | [2022] 15 S.C.R. 664 |
| Judgement Date | 2022-10-20 |
| Case Number | 7762 |
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