Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 9 18 and 23 1894 – ss.4 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 – ss.4, 9, 18 and 23 – Land inFirozpur village acquired by respondent-State for construction ofMini Secretariat – Land Acquisition Collector (LAC) assessed themarket value of the acquired land as Rs. 16 lakhs per acre alongwith 30% solatium and 12% additional amount to the landholders– Land Acquisition Collector-cum-SDO(C) on reference enhancedthe compensation to Rs. 72,00,000/- per acre and applied thedevelopment cut at the rate of 55% and a further cut of 5% onaccount of waiting period, totaling to 60% and determinedcompensation at Rs. 28,80,000/- per acre along with the statutorybenefits – Cross appeals filed before High Court by landholders asalso the State – High Court partly allowed the appeals of thelandholders by enhancing the compensation to Rs. 64,80,000/- peracre, however, reduced the cut on development charges to 10% –Cross appeals filed by State were dismissed – Held: In the presentcase, after having regard to the circumstances of the case and perusalof the sale deeds of adjourning area, the compensation granted atthe rate of Rs.72 lacs per acre is as per the law and no injusticehad occurred to the appellants-landholders – Further, a cut at therate of 10% is very reasonable towards development of acquiredland as some further development would obviously be required tomake it fit for the purpose for which it was acquired – Impugneddecision of the High Court not interfered with – Constitution ofIndia – Art.300A.Land Acquisition Act, 1894 – Compensation – Meaning of –Discussed.Land Acquisition Act, 1894 – s.23A – Compensation under –Basis for calculation of – Discussed. Land Acquisition Act, 1894 – Deduction on account ofdevelopment charges – Factors to be considered for – Discussed. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 347 |
Petitioner | Mohammad Yusuf And Others Etc.etc. |
Respondent | State Of Haryana And Others |
SCR | [2018] 3 S.C.R. 1075 |
Judgement Date | 2018-04-16 |
Case Number | 3807-3825 |
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