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S. ABDUL NAZEER, KRISHNA MURARI
State Of Madhya Pradesh – Appellant
Versus
Radheshyam – Respondent
JUDGMENT :
Krishna Murari, J.
Leave granted.
2. These appeals are directed against the orders dated 20.06.2016 and 08.09.2017 passed by the High Court of Madhya Pradesh Bench at Indore (hereinafter referred to as “High Court”) in First Appeal No. 131 of 2010 and MCC No. 304/2017 respectively. By the said orders, the High Court allowed the MCC as well as first appeal and dismissed the appeals of the Appellant State by reducing the deduction awarded by the Reference Court from 65% towards largeness of plot + 48% towards development to 35% on the market value of Rs.1,04,64,000/-per hectare for the irrigated land and Rs. 69,76,000/-per hectare for the un-irrigated land.
3. Brief facts necessary for the disposal of these appeals are as under:
3.1. A Notification dated 27.02.2004 u/s 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the act”) was published in the official gazette for acquisition of land admeasuring 38.178 hectares of Village Sala, Tehsil, Dharampuri, District-Dhar for the purpose of “rehabilitation of displaced persons” of village
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
(1) Acquisition of land – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transacti....
The market value of the acquired land can be determined by considering evidence such as sale deeds and witness testimonies, and making reasonable deductions for developmental costs.
The main legal point established in the judgment is the application of the principles of 'Reduction and Deduction' and valuation of agricultural land in determining just and fair compensation for acq....
The main legal point established in the judgment is the relevance of sale instances/exemplars from the acquired land for determining the market value and the appropriateness of deductions towards dev....
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