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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
District Collector, Dharmapuri District – Appellant
Versus
Balammal – Respondent
| Table of Content |
|---|
| 1. submission of appellants regarding land acquisition. (Para 1) |
| 2. dispute over compensation and valuation criteria. (Para 2 , 3) |
| 3. court's frame of substantial questions of law. (Para 4 , 5) |
| 4. consideration of evidence in determining land value. (Para 6 , 7) |
| 5. court's error in accepting oral evidence for valuation. (Para 8 , 9) |
| 6. high court's jurisdiction over factual issues. (Para 10 , 11 , 12) |
| 7. high court's decision to assess market value directly. (Para 13) |
| 8. assessment of land market value based on comparable sales. (Para 14) |
| 9. final valuation and conclusions on compensation. (Para 15 , 16) |
JUDGMENT :
K. KUMARESH BABU, J.
1. We have heard Ms. R.Anitha, learned Special Government Pleader appearing for the appellants and Mr. P.Valliappan, learned Senior Counsel appearing for the respondents.
2. The learned Special Government Pleader appearing for the appellants would submit that total extent of 1.01.0 hectares and 0.20.0 hectares were sought to be acquired from the respondents respectively for providing free house sites to the homeless people belonging to Arunthathiyar community under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes A
Court held reliance on solely oral evidence for determining market value of acquired land is erroneous; valuation must be supported by documentary evidence or analogs to ensure just compensation for ....
Court affirmed that sale deeds executed prior to acquisition notice determine market value for compensation, despite lower court's dismissal based on purchase timing.
The market value of acquired land should be assessed based on the comparable sale exemplars of the contemporaneous period with respect to the parcels of land, either forming part of the acquired land....
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
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