Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Determination of fair market value Land Acquisition Act |
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.4 and 6 – Acquisition of land – Determination of fair market value – Just compensation – Land Acquisition Officer assessed market value of the acquired lands @ Rs.6,87,837/- per acre – Reference Court enhanced it, @ Rs.9,65,000/- per acre – High Court, taking average price of two sale deeds – exhibit P-73 and P-74 relied upon by original claimants appellants, determined the price of Rs.22,57,000/- per acre, and, thereafter giving a cut of 50%, determined market value of the acquired lands at Rs.11,28,580/- (round off to Rs.11,30,000/-) per acre – On appeal, held: High Court relied upon sale instances exhibit P-73 and P-74 against which no appeals were preferred by the Administration – Therefore, findings recorded by High Court that the sale instances i.e. exhibit P-73 and P-74 can be best exemplars and can be considered for determining and assessing the market value of the lands acquired, has attained finality – Further, nothing was discussed by the High Court while applying a deduction of 50%, therefore, in the normal course the matters were to be remanded to the High Court for applying the proper cut – However, the parties requested the Supreme Court to make appropriate percentage of deduction instead of remanding the matters to the High Court – Considering the location of the lands acquired and that part of the acquired land abuts the National Highway No.21 and at the same time, the sale instances exhibit P-73 & P-74 pertain to comparatively smaller plots as compared to the acquired lands, a deduction of 40 % instead of 50% as applied by the High Court, will meet the end of justice – Accordingly, Rs.13,54,200/- per acre awarded by Supreme Court towards compensation for the acquired lands. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 290 |
Petitioner | Jai Parkash Etc Etc |
Respondent | Union Territory, Chandigarh Etc Etc |
SCR | [2022] 1 S.C.R. 767 |
Judgement Date | 2022-03-10 |
Case Number | 1765 |
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