Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 LAND ACQUISITION ACT s. 23 - Acquisition of large tract of land - Compensation - Belting method |
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: s. 23 - Acquisition of large tract of land - Compensation - Belting method - Held: Market value of land acquired is to be assessed keeping in mind the limitation prescribed u/s 23, which mandates that the market value of the land is to be assessed at the time of notification u/s 4 -- Therefore, value which has to be assessed is the value to the owner who parts with his property and not the value to the new owner who takes it over -- Fair and reasonable compensation means the price of a willing buyer which is to be paid to the willing seller - Where huge tract of land has been acquired, belting system may be applied ss. 9 and 23 - Acquisition - of land - Claim for higher compensation - Held: Burden of proof lies on land owner to prove inadequacy of market value fixed for land acquired - In the instant case, appellant has not put on record as to what was his claim u/s. 9 and the award was made relying upon some other award - Before High Court, appellant relied upon solely another judgment relating to land of same village and High Court awarded compensation as per demand of appellant - Reference court had already held appellant's land as non-comparable with other lands - There is no reason to interfere. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 222 |
Petitioner | Bhule Ram |
Respondent | Union Of India & Anr. |
SCR | [2014] 4 S.C.R. 247 |
Judgement Date | 2014-03-28 |
Case Number | 6251 |
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