Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Industrial Areas Development Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Karnataka Industrial Areas Development Act, 1966: s.28(1)– Acquisition of land for public purpose – While appreciating thesale deeds produced by land owners by way of exemplars, theSpecial Deputy Commissioner determined the market rate of theland in question at Rs.500/- per Gunta whereas the Reference Courtfixed the compensation @ Rs.21,000/- per Gunta – High Court,however, reduced it to Rs.10,250/- per Gunta – Appeal bylandowners – Held: High Court was not justified in reducing therate determined by the reference Court There was enough evidenceto prove the potentiality of the land in question as was clear fromthe findings of the Land Acquisition Officer – Apart from it, thelandowners also submitted 10 sale deeds wherein it was establishedthat price of the land situated in the adjacent area varied fromRs.7250/- per Gunta to Rs.57,000/- per Gunta between 1977 till1982 – In view of these factors, there was no justifiable reason forthe High Court to reduce the rate from Rs.21,000/- per Gunta toRs.14,500/- per Gunta and then deducting 30% towardsdevelopment charges – In the facts and circumstances of the caseand the evidence adduced by the parties, market value of the landin question is fixed at Rs.21,000/- per Gunta and after deducting10% towards the development charges, the compensation is fixedat Rs.18,900/- per Gunta – The appellants are also entitled to getother statutory compensation payable under the Act – Therespondents are accordingly directed to re-calculate thecompensation amount payable to the appellants – Land Acquisition. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1128 |
Petitioner | Mallappa Dead By L.rs. & Ors. |
Respondent | The Special Land Acquisition Officer & Anr. |
SCR | [2018] 14 S.C.R. 470 |
Judgement Date | 2018-12-03 |
Case Number | 6057 |
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