Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
Kamalanathan – Appellant
Versus
Special Thasildar, Vellore District – Respondent
| Table of Content |
|---|
| 1. claim of fair compensation based on market value. (Para 2 , 4 , 6 , 12) |
| 2. market value established through statutory authority. (Para 3 , 5 , 8 , 11 , 21) |
| 3. subsequent purchasers bound by initial vendor agreements. (Para 9 , 10 , 19) |
| 4. criteria for determining compensation in acquisition. (Para 14 , 15 , 16 , 17 , 18 , 20) |
| 5. entitlement to compensation based on prior agreements. (Para 23 , 24 , 25 , 26) |
JUDGMENT :
K. KUMARESH BABU, J.
1. We have heard Mr. P.Jagadeesan, learned counsel appearing for the appellants and Ms. R.Anitha, learned Special Government Pleader appearing for the respondent.
2. The learned counsel for the appellants would submit that the appellants were the owners of the land that they had purchased on 29.10.1997 under registered Sale-deeds which had been marked as Exs.C1 and C2. He would submit that it had come to his knowledge that the land was subject matter of acquisition proceedings under the provisions of the Tamilnadu Land Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as ‘the Act’) by issuance of a notice under Section 4(2) of the Act prior to the purchase made by the appellants. Thereafter, notification
Court affirmed that sale deeds executed prior to acquisition notice determine market value for compensation, despite lower court's dismissal based on purchase timing.
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 ....
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....
The basic valuation register is not a definitive measure for market value under land acquisition laws; courts should rely on bona fide sale data for accurate compensation assessment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
