Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - s. 23 - Land Acquisition A B c - Compensation - Enhancement of Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 — s. 23 — Land Acquisition — Compensation — Enhancement of — Acquisition of large chunk of land by the State for construction of residential purpose in the year 1977 — High Court awarded compensation at the rate of Rs.50/- per square yard to the claimants/landowners — On appeal, held: Claimants did not file any sale deed to prove the fair market value of the acquired land — On basis of the oral evidence adduced of some witnesses to prove the potentiality of the lands, the High Court fixed Rs. 50/- per square yard though it did hold in the claimants’ favour that they were entitled to claim compensation at the rate of Rs.63/- per square yard — Findings were based on the potentialities of land and rate of one adjacent land of the acquired land which was also found to have been acquired at the same time — Thus, the High Court was not justified in determining the fair market rate of the acquired at Rs. 50/- per square yard and instead it should have been fixed at Rs.63/- per square yard only — Figure of Rs. 63/- per square yard is arrived after applying all relevant facts and is just, reasonable and represents fair market value of the lands on the date of acquisition — LAO directed to calculate the compensation |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 279 |
Petitioner | Bhupal Singh And Others |
Respondent | State Of Haryana |
SCR | [2015] 3 S.C.R. 975 |
Judgement Date | 2015-04-01 |
Case Number | 7377 |
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