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BELA M. TRIVEDI, DIPANKAR DATTA
Mala – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
BELA M. TRIVEDI, J.
1. This batch of 12 appeals arise out of the common judgment and order dated 17.08.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.20433/2009 and others (in all 40 writ petitions). Before the High Court, 14 writ petitions were filed by the land owners and 26 writ petitions were filed by the Improvement Trust, Hoshiarpur. Vide the impugned judgment, the High Court allowed the writ petitions filed by the land owners by enhancing the market value of the acquired land to Rs.2,000/- per marla and granted all statutory benefits available under the Land Acquisition Act 1894 (hereinafter referred to as the said Act). The High Court also granted the benefit of Rs.400/- at 10% per marla to the assessed amount for two years. Meaning thereby, the High Court accorded the total amount of compensation payable to the land owners at Rs.2,400/- per marla along with all statutory benefits available under the Act. The High Court dismissed the writ petitions filed by the Improvement Trust.
2. The Hoshiarpur Improvement Trust (Respondent No.3 herein) prepared a scheme for the purpose of Development Scheme (residential) under Sections
Acquisition of land – Quantum of compensation – How much deductions should be made would depend on nature of land, its topography, special features and state of its development so as to make it suita....
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....
The main legal point established in the judgment is the application of principles for the assessment of fair compensation in land acquisition cases, including the determination of market value and pe....
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 determination of compensation for land acquisition must be based on the market value at the time of notification, considering comparable sales and the land's potential, with reasonable deduction....
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.
The main legal point established in the judgment is the relevance of surrounding factors, nature and quality of the land, and potential possibilities in determining the market value under the Land Ac....
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