Back
ANIL KSHETARPAL
Sant Ram. – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anil Kshetarpal. J. - INTRODUCTION
1.1 This batch of Regular First Appeals (details whereof are at the foot of the judgment) has been filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act"), assailing the correctness of the various awards passed on 29.05.2015, 07.05.2018 and 16.03.2019 by the Reference Court (hereinafter referred to as "RC"). The Notification under Section 4, 6 and the award passed by the Land Acquisition Collector (hereinafter referred to as "LAC") are common. The RC has assessed the same amount of compensation for compulsory acquisition of the land by three different awards as noted above. The learned counsel representing the parties are ad idem that these appeals can be conveniently disposed of by a common judgment.
2. FACTS
2.1 In order to develop Sector 31 (the residential and the institutional Sector), the State of Haryana, on 15.12.2006, issued a Notification under Section 4 of the 1894 Act, with respect to the land measuring 402.41 acres, whereas, ultimately only 196.71 acres of land was acquired.
2.2 The relevant particulars of the acquisition are compiled in a tabulated form as under:-
Sr. No. | Title | Details |
1. | D | |
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
(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....
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 court's assessment of market value should be based on direct evidence, such as sale deeds, and should consider the comparability of the evidence presented. The court should not rely on judgments ....
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
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
