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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, CJ., MICHAEL ZOTHANKHUMA
Executive Secretary i/c Land Revenue and Settlement Dept. MADC – Appellant
Versus
B. Johnson, S/o. B. Zawhana – Respondent
| Table of Content |
|---|
| 1. compensation for land acquisition (Para 5 , 6 , 7) |
| 2. levy of cess on land value (Para 8 , 11) |
| 3. justification of cess levy (Para 9 , 10) |
| 4. interpretation of legal provisions (Para 12 , 13 , 14) |
| 5. conclusion and order of appeal (Para 16 , 17 , 18) |
JUDGMENT :
Ashutosh Kumar, CJ.
We have heard Mr. C. Lalramzuava, learned Senior Advocate, assisted by Mr. S. Lalbuatsaiha, learned Advocate for the appellants/MADC in all these appeals and Ms. D.T. Azyu, learned Advocate for the respondent Nos.1 to 7 in Writ Appeal No.2/2025; for the respondent Nos.1 to 74 in Writ Appeal No.3/2025 and for the respondent Nos.1 to 51 in Writ Appeal No.4/2025.
2. All these writ appeals have been taken up together and are being disposed off by this common judgment.
3. These appeals have been filed on a short question, namely, whether deduction of 10% cess from the compensation paid to the respondents for the acquired land is justified?
4. The learned Single Judge has held that once the administrative cost @ 2.5% of the total value of the land has already been realized from the respondents, 10% cess could not have been levied on the respondents/landholders. That apart, it was held that there is not
Compensation for acquired land can include statutory cess deductions as per the Act, confirming the legality of such levies against previous administrative costs.
Deduction of cess from compensation is illegal; petitioners entitled to interest for delayed compensation.
The court ruled that retroactive amendments allowing government deduction of 15% cess from compensation for land acquisition apply to awards pronounced post-amendment, rejecting the respondents' clai....
Point of Law : Compensation payable thereunder would not attract any income tax or stamp duty in terms of Section 96 of the Act of 2013 which is reinforced by the second proviso to Section 194LA of t....
Uniform compensation is warranted for land acquired for the same public purpose, irrespective of land classification, with no deductions allowed for rural connectivity projects.
Uniform compensation is mandated under the Land Acquisition Act when land is acquired for a common public purpose, irrespective of land classification.
Cess under Sections 3 and 4 of the Act cannot be validly collected without levying land revenue; previous rules invalidated, making current cess collections unauthorized.
Uniform compensation is applicable in land acquisition cases for public use, regardless of land categorization, and no deductions are permissible for public utility projects.
Land Acquisition - Ex-parte proceedings - it is not possible to fix compensation with exactitude or arithmetic accuracy. Depending on the facts and circumstances of the case, the court may have to ta....
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