Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: High Court if justified in raising the amount of compensation per square yard on the date of notification u/s.4, Land Acquisition Act, 1894 on the basis of cumulative annual increase at the rate of 15% for a period of 11 years, taking base figure from an order of Reference Court dtd.30.08.2000 relating to acquisition of land of the same village of the year 1989, and the period of 11 years being counted from 1989 to 2000, the year of the notification issued u/s.4 of the 1894 Act. Land Acquisition Act, 1894 – Determination of fair and just compensation – Annual increase whether on cumulative basis or non-cumulative basis – Rate of applying annual increase – Period to be applied: Held: The consistent view taken by this Court for awarding annual increase to determine the just compensation varies from case to case and the period to be applied is a major factor to be considered – In the present case, the period is 11 years which is pretty large – Fair and reasonable compensation in the present case would be best determined if 8% annual increase is applied with cumulative effect as the gap is huge i.e. 11 years – For shorter period of 3-5 years, it could have been 10% or 12% – But in no case 15% would be justified for a period of 11 years as awarded by the High Court – In the present case, given the 11 years gap, 8% would be just and proper – On rough assessment, the compensation would be equivalent to compensation awarded by the Reference Court – High Court fell in error in enhancing the compensation by applying the cumulative annual increase of 15% – Impugned judgment set aside – Land Acquisition Collector to calculate the compensation at the rate as determined. [Paras 23-26] |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2023 INSC 940 |
Petitioner | The Central Warehousing Corporation |
Respondent | Thakur Dwara Kalan Ul-maruf Baraglan Wala (dead) & Ors. |
SCR | [2023] 14 S.C.R. 926 |
Judgement Date | 2023-10-19 |
Case Number | 6918-6919 |
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