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2019 Supreme(Chh) 1087

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
ASHUTOSH AGRAWAL – Appellant
Versus
UNION OF INDIA THROUGH ITS MINISTRY OF ROAD – Respondent


Advocates Appeared:
Amit S Agrawal, Advocate, Abhishek Vinod Deshmukh, Advocate, Navin Shukla, Advocate, Fouzia Mirza, Advocate, Sudeep Agrawal, Advocate

JUDGMENT

P. R. Ramachandra Menon, C.J. - (A) Whether the 'minimum value', if any, stipulated in the Indian Stamp Act, 1899 (for short, 'the Stamp Act') or the relevant Rules/Guidelines stipulated for fixing stamp duty in respect of the conveyance to be registered reflects the 'actual market value' to be paid to a land owner, pursuant to the compulsory acquisition of his property ?

    (b) In respect of an acquisition under the National Highways Act, 1956 (for short 'the N.H. Act'), read with the relevant provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the 'Act, 2013'), can the market value of the property be fixed simply with reference to the extent/area of land owned by the land owner, as adopted by the Respondents, giving paltry compensation on the basis of the higher extent/area of the land (which is lesser than the compensation in respect of the adjoining lands) resulting in payment of higher compensation to the land owner having lesser extent ?

    (c) Does the Scheme of either the N.H. Act or the Act, 2013 envisage a course of action detrimental to the land owner having higher extent of land, th

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