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R. SUBRAMANIAN, R. SAKTHIVEL
Union of India, represented by Secretary to Government (Revenue) Puducherry – Appellant
Versus
K. Rajeswari – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer : Appeal filed under Section 54 of the Land Acquisition Act, 1894, to set aside the order dated 12.12.2019 passed by the Additional District Judge at Karaikal in LAOP.No.46/2017 by allowing the above appeal.
The Union Territory of Puducherry is on appeal aggrieved by the Award made in a reference under Section 18 of the Land Acquisition Act, 1894, in LAOP.No.46/2017 on the file of the Additional District Judge, Karaikal.
2. An extent of about 57.53.87 hectares of land in Thirunallar town of Karaikal region of the Union Territory of Puducherry, was acquired for the development of the temple town particularly, for providing ring road and facility node. A notification under Section 4(1) of the Land Acquisition Act was made on 06.08.2007. A declaration under Section 6 was made on 22.07.2009 and an Award came to be passed by the Land Acquisition Officer on 29.09.2010 granting a sum of Rs.50,000/- per Are. Claiming that the said compensation awarded by the Land Acquisition Officer is too low, the land owners / claimants sought for a reference under Section 18 of the Land Acquisition Act, 1894. Upon the reference having been made, the land owners filed a cl
Landowners are entitled to compensation based on the highest value reflected in exemplar sale deeds, with no deductions for development charges in cases of small parcels acquired from multiple owners....
Compensation for acquired land should be based on comparable sale instances, with necessary deductions for larger plots to ensure fair valuation.
The court upheld the trial court's enhanced compensation ruling, emphasizing that higher market values must be considered in land acquisition cases, allowing for smaller sales as indicators under pro....
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....
The market value of the land for the purpose of determining the compensation should be assessed by considering the smallness of the plot, the highest exemplar, and the purpose of acquisition, and by ....
The court reaffirmed that compensation for acquired land must reflect fair market value, taking into account adequate comparable sales while establishing that evidence must support any deductions for....
The court emphasized that the highest value among comparable sales must be considered for compensation in land acquisition cases, unless justified otherwise.
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