Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 5A Land Acquisition Act 1894 – s.4(1) 18 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894 – s.4(1), 5A, 18 – Part ofappellant’s land acquired – Land Acquisition Officer awardedcompensation of Rs. 400/- per cent of land to the appellant –Subordinate Judge on reference u/s.18, granted compensation @Rs. 2,500/- per cent – High Court reduced the compensation fromRs. 2,500/- to Rs. 1,670/- – On appeal, held: In the instant case,the land in question is situated adjacent to the National highwayand is also near a busy area with various facilities – Respondentdetermined the value of the land in question based on the sale deedwhich had happened five months prior to the date of acquisition ofthe land in question, wherein the land was sold @ Rs. 400/- percent – Subordinate Judge correctly appreciated the fact that thereis a railway track between such land which was taken as the dataland and the acquired land and thus, both the lands cannot beconsidered as similar – Acquired land is in the midst of a railwaytrack and national highway having capacity for higher potential –Further, lands adjacent to the land in question which were sold @Rs. 4,919/- and Rs. 4,893/- in proximity within a very short time,amply prove its value in relation to the adjoining lands – Orderpassed by High Court set aside and that of Reference Court restored.Land Acquisition Act, 1894 – Compensation – Fair andreasonable compensation – Meaning of – Held: Fair and reasonablecompensation means the price of a willing buyer which is to bepaid to the willing seller.Land Acquisition Act, 1894 – Purpose of acquisition – ‘PublicPurpose’ – What is – Held: Public purpose is not capable of precisedefinition – It would broadly include the purpose in which thegeneral interest of the society as opposed to the particular interest of the individual is directly and vitally concerned.Land Acquisition Act, 1894 – Compensation – Factors fordetermination – Discussed. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 344 |
Petitioner | Manimegalai |
Respondent | The Special Tahsildar (land Acquisition Officer) Adi Dravidar Welfare |
SCR | [2018] 3 S.C.R. 1086 |
Judgement Date | 2018-04-16 |
Case Number | 2294-2295 |
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