Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Determination of compensation Land acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: ss.23(1), 4(1) – Land acquisition – Determination of compensation – Relevant date – Land acquired by notification dated 12.02.1988 – Sale deed relied upon by claimants dated 27.12.1988 – High Court did not consider the said sale deed as an exemplar on the ground that the same is post notification – Justification of – Held: In terms of s. 23(1), the compensation to be awarded shall be determined by the reference court, based upon the market value of the acquired land on the date of the publication of the notification u/s. 4(1) – Post notification instances cannot be taken into consideration for determining the compensation of the acquired land – Sale deed relied upon by the claimants dated 27.12.1988 is post notification, thus, rightly not considered by the High Court.Land acquisition – Determination of compensation – Deduction at the rate of 67.5% for development charges – Considering the fact that the land acquired was required for development, and that the property covered under the exemplar was for a small extent of 9 marlas of land which was sold for Rs.25,500/ -, the High Court adopted the rate of escalation at 10% and calculated the value at Rs.6,64,887/-, and applied maximum deduction at 67.5% and calculated the compensation to be paid at Rs.2,19,413/- per acre – Justification of – Held: High Court applied deduction at 67.5% which is on the higher side – In the facts and circumstance of the case, considering that the exemplar dated 26.05.1983 was for a small extent of land and that the acquired land has to be developed for construction of warehouse, it is appropriate to apply one-third deduction, that is Rs.2,21,629/- from Rs.6,64,887/-, the compensation to be awarded is arrived at Rs.4,43,258/- per acre, payable with all statutory benefits. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 66 |
Petitioner | Maya Devi (d) Through Lrs & Ors. |
Respondent | State Of Haryana & Anr. |
SCR | [2018] 1 S.C.R. 225 |
Judgement Date | 2018-01-25 |
Case Number | 873 |
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