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R. SUBRAMANIAN, R. SAKTHIVEL
Anandan (Deceased) – Appellant
Versus
Union of India, Rep. by Secretary to Government (Revenue Department) – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
Prayer: First Appeal filed under Section 54 of the Land Acquisition Act, 1894 praying to set aside the Award dated 23.07.2014 made in L.A.O.P. No. 14 of 2010 on the file of the II Additional District Court at Puducherry in so far as rejecting the claim of the appellants to the extent of Rs. 17,44,20,388/- worked out at the rate of Rs. 678/- per sq. ft. over and above the sum of Rs. 100/- per sq. ft. fixed by the Reference Court, and fix the compensation at the rate of Rs. 778/- per sq. ft. and allow the appeal.
1. Aggrieved with the Judgment dated February 10, 2022, made in A.S. No. 566 of 2018 by a Co-ordinate Bench of this Court, the appellants and the first respondent - Union of India had preferred Civil Appeal Nos. 3899 and 3900 of 2024 respectively before the Hon’ble Supreme Court of India. The Hon’ble Supreme Court of India vide its Order dated March 7, 2024 remanded the matter to this Court to re-determine the relevance of the Sale Deeds produced on record for the purpose of assessing the market value of the lands acquired from the appellants herein.
2. It is apposite to extract the relevant Paragraphs of the aforementioned Order dated March 7, 2024 v
The court emphasized that the highest value among comparable sales must be considered for compensation in land acquisition cases, unless justified otherwise.
The court established that the highest market value from comparable sales must be prioritized in compensation assessments for land acquisition, leading to a revised valuation of Rs.250/- per sq.ft.
(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....
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