SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1997 Supreme(SC) 147

S.SAGHIR AHMAD, G.B.PATTANAIK, K.RAMASWAMY
Gurlingappa – Appellant
Versus
Assistant Commissioner And Land Acquisition Officer, Gulbarg – Respondent


ORDER

Delay condoned.

2. Notification under Section 4(1) of the Land Acquisition Act, 1894 was published in October 1977 for construction of Amerja Project. The Land Acquisition Officer in his award under Section 11 awarded compensation @ Rs. 3,000/- per acre. On reference, the District Court enhanced the compensation to Rs. 6,300/- per acre for dry lands and Rs. 9,820/- per acre for Bgayat Lands (cultivable lands). On appeal, the High Court dismissed the same and confirmed the award of the reference Court. Thus, this special leave petition.

3. It is contended for the petitioners that in similar circumstances, the Additional Civil Judge has enhanced the compensation to Rs. 12,000/- per acre for the irrigated land and Rs. 8,000/- per acre for the dry lands and confirmed by the judgment of the High Court in RFA Nos. 1160 and 1825/92 and, therefore, the petitioners also are entitled to the same compensation. We find no force in the contention. It is now well settled legal position that in compulsory acquisition, the Court would sit in the arm-chair of a willing purchaser and would ask whether as a reasonable prudent vendee, he would offer in the open market the rate of market value propo




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top