AI Overview...
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Land Acquisition Compensation - Several cases highlight disputes over compensation for land acquired for national highway projects, emphasizing that the offered amounts often do not reflect true market value. Courts have relied on the Land Acquisition Act, 1894, and the National Highways Act, 1956, particularly Sections 3(A), 3(G)(5), and 3D, to determine fair compensation Thakkallapally Venkateswara Rao vs The Government of India - Telangana, SADHU RAM AND OTHERS vs STATE OF HARYANA AND ANR. - Punjab and Haryana, IMAM UDDIN vs THE UNION OF INDIA - Gauhati, Vijyant Davra S/o Vishwamitra VS Union of India through Secretary, Ministry of Road Transport & Highways - Rajasthan, Jyoti Warehousing VS State of Gujarat - Gujarat.
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Market Value Assessment - Courts and authorities assess land value based on prevailing circle rates, market evidence, and potentiality of the land, especially when adjoining highways or land conversion increases land value. Arbitrators have enhanced initial valuations considering property potential and location factors, with some judgments confirming the use of market value evidence over comparative or historical data SADHU RAM AND OTHERS vs STATE OF HARYANA AND ANR. - Punjab and Haryana, NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-BANGALORE vs SRI DAVURU VIJAY KUMAR REDDY - Karnataka, Gracinda Braganza VS Special Land Acquisition Officer (N) - Bombay.
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Legal Framework and Procedures - The acquisition process involves notifications under Sections 3(A) and 3G(5) of the National Highways Act, with compensation often determined through arbitration under the Arbitration and Conciliation Act, 1996. Courts have confirmed awards based on market value, with some cases involving enhancements or disputes over valuation methodology Vikas Construction Company VS Union of India - Rajasthan, Sagar Tirkey VS State of Jharkhand through Deputy Commissioner, Ranchi - Jharkhand, National Highway Authority VS Surendra Prasad Sharma - Patna.
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Land Value Escalation and Development Impact - Factors such as proximity to existing or proposed highways, land conversion, and annual escalation rates (e.g., 10%) are considered in valuation, reflecting the increased land value due to infrastructure development Gracinda Braganza VS Special Land Acquisition Officer (N) - Bombay.
Analysis and Conclusion:
The market value of land acquired for national highway construction is primarily determined through a combination of circle rates, market evidence, and potentiality assessments, as per provisions of the National Highways Act, 1956, and relevant arbitration procedures. Courts have consistently emphasized fair compensation reflecting true market value, especially when land values are enhanced by highway proximity or development activities. Disputes often revolve around valuation methods and adequacy of compensation, with judicial decisions favoring evidence-based assessments and statutory guidelines.
Search Results for "3 G 5 National Highway Construction Market Value Land"
2025 Supreme(Online)(Tel) 12147 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J
filed these writ petitions regarding compensation for their land, which was acquired for national highway construction, and contended ... (A) National Highways Act, 1956 - Sections 3(A), 3 ... ... (D), and 3(G) - Right to Fair Compensation and Transparency in Land Acquisition ... that the compensation offered did not reflect the true market value. ... According to the ....
2025 Supreme(Online)(P&H) 1989 • India - High Court of Punjab and Haryana
ANIL KSHETARPAL, J
market value evidence. ... The court confirmed the market value assessed by the Land Acquisition Collector, rejecting claims for enhancement based on comparative ... The judgment discusses the applicability of the Land Acquisition Act, 1894 in determining compensation for land acquisition. ... 6Market value assessed in the Award passed by the Land Acquisition Collector (in short ‘LAC’)ParticularsRate per acreLand u....
2025 Supreme(Online)(Gau) 7651 • India - Gauhati High Court
N. UNNI KRISHNAN NAIR, J
Section 3 (G)(5) of the National Highways Act, 1956 . Section 3 (G)(5) of the National Highways Act, 1956 . 9.
2016 0 Supreme(Raj) 210 • India - Rajasthan
MOHAMMAD RAFIQ
National Highways Act, 1956 - Section 3(g) and 3G(5) - Arbitration and Conciliation Act, 1996 - Section ... .425 situated at National Highway No.8, Village - A part of that land, admeasuring 593 square meters, is subjected under proposed ... the authority whereby it was informed that compensation has been determined under Section 3(g) of the National Highways Act, 1956 ... under Section 3A of the National....
2018 0 Supreme(Guj) 13 • India - Gujarat
AKIL KURESHI, A.Y.KOGJE
The lands were abutting on existing National Highway No. 8. ... For National Highway expansion, by converting existing four lane highway into six lane highway, portion of the petitioners lands ... payable to the landowners for the lands acquired for expansion of National Highway. ... On the basis of such determination of the market value of the land, he awarded suitable compensation depending on t....
2018 0 Supreme(Raj) 65 • India - Rajasthan
VIJAY BISHNOI
11, 3 A, 69(2) - National Highways Act, 1956 -Section 3A -Acquisition Act of 2013 -Section 24, 105 – Land ... Highway No.65 vide Notification No.S.O.2151(E) issued under Section 3A of the National Highways Act, 1956 (hereinafter to be referred ... the MoRTH) for the purpose of building (widening to 4-lane with paved shoulder etc.), maintenance, management and operation of National ... As such, it is clarified that the relevant date of determination o....
2019 0 Supreme(Jhk) 1086 • India - Jharkhand
ANANDA SEN
National Highways - Appellants are entitled to get compensation calculating price of acquired lands per decimal along with solatium ... – Held, Evidence and documents independently come to conclusion circle rate is correct rate for determining market value of lands ... market price of acquired land - Assessing and determining the compensation - Acquisition of land - Land in Thana No. ... I hold that Rs.84,361/-, being the circle rate prevalent, is th....
2025 Supreme(Online)(KAR) 6971 • India - High Court of Karnataka
HON'BLE MR. JUSTICE H.P. SANDESH
(A) Arbitration and Conciliation Act, 1996 - Sections 34(2) and 37(1)(c) - National Highways Act, 1956 - Sections 3A, 3D(1), 3G(5 ... determination - The Arbitrator's award was based on market value and potentiality of the property, and the Civil Court confirmed ... The initial market value was set at Rs.420.07 per square meter, which was enhanced to Rs.1,483 per square meter by the Arbitrator ... Highway and consideration of the actual mar....
2010 0 Supreme(Bom) 1089 • India - Bombay
A.S.OKA, F.M.REIS
was now adjoining a National Highway which would naturally enhance the value as well as the fact that the land was converted a few ... of National Highway 17 and considering all the aforesaid factors, the escalation can be considered at 10% per annum as awarded by ... place in the year 1980 in respect of the portion of the same property belonging to the applicants for the purpose of National Highway ... He further deposed that the said land....
2025 0 Supreme(Pat) 148 • India - Patna
KHATIM REZA
National Highway Authority of India Act, 1956 – Section 3(A) – Arbitration and Conciliation Act, 1996 – ... (Paras 21, 22, 23, 26 and 27) Arbitration and Conciliation Act, 1996 – Section 34 – National Highway Authority ... (Paras 29, 30, 32, 33 and 34) Arbitration and Conciliation Act, 1996 – Section 34 – National Highway Authority ... These two appeals arise out of land acquired through the same notification under Section 3(A) of t....
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