Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
When the market value is calculated in absence of notice from NHAI - The market value of the land is to be determined based on the prevailing market rate as on the date of publication of the notification under Section 3(1) of the NHAI Act, even if the landowner has not received notice. The law mandates that the valuation should consider the market rate at the time of notification, regardless of whether the owner was aware or had received notice of the acquisition ["Snd Sampath, S/o. Late V. Selvanayagam VS Competent Authority And Assistant Commissioner, Mangalore Sub-Division, Mangalore - Karnataka"], ["Kashmira Singh VS Union Of India - Punjab and Haryana"].
Legal basis for market value determination - The competent authority or arbitrator is required to assess the land's market value on the date of notification, following principles laid down by the Supreme Court and guided by the provisions of the NHAI Act and relevant statutes. The valuation must incorporate the guidance value as per the Stamp Act or the prevailing market rate, and must be updated to reflect current market conditions at the time of notification ["National Highways Authority of India Project Implementation Unit, Mangaluru vs N. Raviraj Shetty S/o Late B. Raghuram Shetty - Karnataka"], ["National Highway Authority VS Surendra Prasad Sharma - Patna"], ["Chandra Kishori VS Union of India, Thru. Chairman of National Highway Authority of India - Allahabad"].
Impact of non-receipt of notice - If the landowner has not been notified, the question of submitting objections or participating in hearings does not arise, but the market value still must be assessed as per the date of notification, which is the critical date for valuation purposes ["Snd Sampath, S/o. Late V. Selvanayagam VS Competent Authority And Assistant Commissioner, Mangalore Sub-Division, Mangalore - Karnataka"], ["Maya Sinha - Patna"].
Additional considerations - The valuation process involves considering the nature of the land, potential for development, and recent market trends, especially when there has been a significant increase in land value due to nearby development or construction activities. Courts have emphasized that the market value should be determined without undue influence from subsequent market hikes unless the valuation is recalculated after proper notice and process ["STATE OF KERALA vs ROY JOSEPH - Kerala"], ["ROY JOSEPH, Vs STATE OF KERALA, - Kerala"].
Analysis and Conclusion:The main insight is that the market value of land for NHAI acquisitions is to be determined based on the prevailing market rate at the time of the notification under Section 3(1) of the NHAI Act. This calculation is mandated to be made even if the landowner has not received any notice, and the valuation must reflect the market conditions on the date of notification. The law emphasizes that the valuation should be updated and based on current market rates, guided by statutory provisions and judicial precedents. This ensures fair compensation irrespective of the landowner's awareness or participation at the time of notification ["National Highways Authority of India Project Implementation Unit, Mangaluru vs N. Raviraj Shetty S/o Late B. Raghuram Shetty - Karnataka"], ["National Highway Authority VS Surendra Prasad Sharma - Patna"].
Determination of market value of land by Collector. ... The aforesaid contention is misplaced as there is no cavil that the market value of the acquired land is required to be determined, inter alia, having regard to the guidance value as specified in the Stamp Act. ... Land measuring 4452 sq. mtrs. in Survey No.129/8 in Thiruvalli Village, Mangalore Taluk [subject land] was acquired under the NH ....
In the present case, the question of nature of land could be considered in determining the market value under Section 3G of the NHAI Act. Section 3G of the NHAI Act deals with the determination of the amount payable as compensation for the land acquired under the Act. ... Hence, the principle laid down by the Hon'ble Supreme Court under the various acquisition Act, is the guiding factor to determine the market value of the #HL_START....
an amount calculated at ten per cent. of the amount determined under sub-section (1), for that land. ... Though Section 3(C) of the Act indicate that any person who is interested in the land proposed to be acquired may within twenty one days from the date of publication of the notification submit his objections, it would not be known to the owner of the land, if his land is proposed to be acquired since ... (7) The competent authority or the arbitra....
Regarding acquisition of the said land, the petitioner was forced to obtain copy of the notice in respect of 16 decimal of acquired land. ... It is informed by learned counsel that the land was acquired by NHAI for construction of six lane road from Aurangabad to Barwa Adda and without issuing notice to the petitioner who came into possession and title over the Khata No. 35, Khesra No. 156, measuring area 0.1325 Hectare vide a gift deed executed .......
It was pointed out that, since starting of the construction of the Bridge, there occurred a steep hike in the market value of the properties situated in Kothad village. ... Since that was not been done, the matter was sent back to the Land Acquisition Officer for refixing the compensation, after giving notice to the authority. ... All these aspects, coupled with the facts that the market value of the properties in the Kothad Village might have been i....
It was pointed out that, since starting of the construction of the Bridge, there occurred a steep hike in the market value of the properties situated in Kothad village. ... Since that was not been done, the matter was sent back to the Land Acquisition Officer for refixing the compensation, after giving notice to the authority. ... All these aspects, coupled with the facts that the market value of the properties in the Kothad Village might have been i....
It was pointed out that, since starting of the construction of the Bridge, there occurred a steep hike in the market value of the properties situated in Kothad village. ... Since that was not been done, the matter was sent back to the Land Acquisition Officer for refixing the compensation, after giving notice to the authority. ... All these aspects, coupled with the facts that the market value of the properties in the Kothad Village might have been i....
It was pointed out that, since starting of the construction of the Bridge, there occurred a steep hike in the market value of the properties situated in Kothad village. ... Since that was not been done, the matter was sent back to the Land Acquisition Officer for refixing the compensation, after giving notice to the authority. ... All these aspects, coupled with the facts that the market value of the properties in the Kothad Village might have been i....
It was pointed out that, since starting of the construction of the Bridge, there occurred a steep hike in the market value of the properties situated in Kothad village. ... Since that was not been done, the matter was sent back to the Land Acquisition Officer for refixing the compensation, after giving notice to the authority. ... All these aspects, coupled with the facts that the market value of the properties in the Kothad Village might have been i....
In order to determine the market value, it will also have to be seen what was the nature of the land, which is sought to be acquired. ... the land calculated under sub-section (1): Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market ....
But when a land is acquired free from encumbrances, market value of the same will certainly be higher. Naturally, such a price would be less than the price of a property without any encumbrance.
But when a land is acquired free from encumbrances, market value of the same will certainly be higher. Naturally, such a price would be less than the price of a property without any encumbrance.
But when a land is acquired free from encumbrances, market value of the same will certainly be higher. Naturally, such a price would be less than the price of a property without any encumbrance.
But when a land is acquired free from encumbrances, market value of the same will certainly be higher. Naturally, such a price would be less than the price of a property without any encumbrance.
Naturally, such a price would be less than the price of a property without any encumbrance. But when a land is acquired free from encumbrances, market value of the same will certainly be higher.
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