AI Overview...
Latest Supreme Court Judgement on Market Value Determination under the 2013 Act
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Market Value Calculation - The Supreme Court has emphasized that the relevant date for determining market value in land acquisition cases under the 2013 Act is based on the earlier gazette notification, not the last notification. This ensures consistency and fairness in compensation calculations, rectifying earlier errors related to date selection STATE OF KERALA vs P.SETHUMANATHAN - Kerala.
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Classification Irrelevant - The Court has reiterated that market value must be determined irrespective of the land's classification or category, such as agricultural or forest land. The valuation should be based on comparable sale transactions and best available evidence, with the Court often remitting cases back to the Reference Court for re-evaluation to ensure correctness STATE OF HP AND OTHERS Vs KANSHI RAM (DECEASED) THROUGH LRs RAJ KUMAR AND OTHERS - Himachal Pradesh, NTPC Limited VS Bhajan Dass - Himachal Pradesh.
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Principles and Precedents - The Court has relied on earlier judgments, including Harinder Pal Singh and Dilla Ram, affirming that sale transactions are the best evidence for fair market value. The Court has also clarified that standard deductions from the market value are permissible only if lawfully allowed, and errors in this regard warrant correction upon review KANSHI RAM THROUGH HIS LR AND ANR Vs STATE OF H.P. - Himachal Pradesh.
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Re-determination and Remand - The Supreme Court has frequently remitted cases to the Reference Court for fresh consideration of the market value, especially when earlier assessments did not adhere to the correct principles or relevant dates, ensuring just and fair compensation Harinder Kumar VS State of Haryana - Punjab and Haryana.
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Legal Framework and Amendments - The Court has noted that Section 28A of the 1894 Act and subsequent amendments influence the re-determination of compensation, emphasizing adherence to procedural correctness and equitable valuation, aligning with principles laid down in RANVEER SINGH (2016) and other recent rulings SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT, BAGALKOT VS SHARANABASAPPA S/O SHIVAPPA YANDIGERI - Karnataka.
Analysis and Conclusion
The Supreme Court's latest rulings reaffirm that the determination of market value under the 2013 Act hinges on the earliest gazette notification date, with a focus on sale transaction evidence and correct legal procedures. The Court underscores the importance of accurate classification, proper deduction, and reliable comparables to arrive at a just valuation. When errors are identified, cases are remitted for reconsideration, ensuring fair compensation for landowners. These principles aim to standardize valuation practices and uphold the integrity of land acquisition proceedings under the 2013 Act.
References: - IND_HC_KLHC010400672015 - INDHP00000012850 - 01800024655 - 02300066534 - INDHP00000014436 - 00300039679
Search Results for "Latest La Judgement of Supreme Court for Determination of Market Value under 2013 Act"
2016 Supreme(Online)(KER) 45044 • India - High Court of Kerala
P.R.RAMACHANDRA MENON, ANIL K. NARENDRAN, JJ
market value is based on the gazette notification, not the last notification, and rectified calculation errors in compensation. ... Ratio Decidendi: The relevant date for calculating market value in land acquisition is determined by the earlier gazette notification ... Finding of the Court: The court determined that mistakes in the judgment regarding relevant dates for calculating compensation ... One of the principles in regard to determination ....
2022 1 Supreme 464 • India - Supreme Court
R.SUBHASH REDDY, HRISHIKESH ROY
Rules to Regulate proceedings for Contempt of Supreme Court, 1975 – Contempt of Court – It is submitted that at first instance land ... , 1971 read with Article 129 of Constitution of India and Rule 3(C) of the Rules to Regulate proceedings for Contempt of Supreme ... Act, respondents have passed award without adhering to Section 40 of 2013 Act and by treating land as agricultural forest land – ... We make it clear that we have not expressed any opinion either on the ....
2023 Supreme(Online)(HP) 8819 • India - High Court of Himachal Pradesh
HON'BLE MR. JUSTICE SATYEN VAIDYA
market value. ... It was contended on behalf of the State that in terms of the judgment, passed by Hon’ble Supreme Court in Kasturi & others vs. ... The reference Court re-determined the market value at the rate of Rs. 10,28,571/- per bigha, irrespective of the classification. ... Vs Dilla Ram {Latest HLJ 2008 HP 1007} and relying upon the decision of the Apex Court in Harinder Pal Singh (supra), wherein the #HL_ST....
2017 0 Supreme(HP) 1092 • India - Himachal Pradesh
SANJAY KAROL
Finding of the Court: The Court found that the Reference Court's re-determination of the market value was based on ... for comparability of sale transactions for fair market value determination. ... Final Decision: The Court dismissed the appeal, affirming the Reference Court's re-determination of the market value at a ... Dilla Ram {Latest HLJ 2008 HP 1007} ....
2015 0 Supreme(P&H) 2177 • India - Punjab and Haryana
RAJESH BINDAL
The principles regarding determination of market value of the acquired land were gone into by Hon'ble the Supreme Court earlier in ... The court noted that the market value of the acquired land is the best evidence for determining compensation, and sale transactions ... Final Decision: The court remitted the matters back to the Reference Court for fresh consideration and determination of compensa....
2023 Supreme(Online)(HP) 11078 • India - High Court of Himachal Pradesh
HON'BLE MR. JUSTICE SATYEN VAIDYA
The reference Court re-determined the market value at the rate of Rs. 10,28,571/- per bigha, irrespective of the classification. ... Finding of the Court: 1. The standard deduction, in accordance with law,was not allowed from the market value. 2. ... Whether standard deduction is permissible from the market value of the acquired land? 2. ... Vs Dilla Ram {Latest HLJ 2008 HP 1007} and relying upon the decision of the Apex #HL_START....
2016 0 Supreme(Kar) 536 • India - Karnataka
ASHOK B.HINCHIGERI, P.S.DINESH KUMAR
LAND ACQUISITION ACT, 1894 – Sections 18, 11(2) – Reference – Maintainability – Enhancement of compensation – Reference is not maintainable ... This view is reiterated in the Hon’ble Supreme Court in its latest decision in RANVEER SINGH VS. STATE OF U.P. THROUGH SECY. & ORS. reported in 2016 SCC ONLINE SC 727 (CIVIL APPEAL NO.13324 OF 2015). ... The Supreme Court in the case of State of Gujarat vs. ... He relies on the JMC report (Ex.P.23), evaluation of pomegranate trees standing on t....
2017 0 Supreme(HP) 1075 • India - Himachal Pradesh
SANJAY KAROL
Issues: The main issue was the determination of the market value of the acquired land, irrespective of its category/classification ... Land Acquisition - Market Value - Land Acquisition Act, 1894 - Section 4, Section 11, Section 18, Section 54 - AIR 1988 SC 1652 ... The Reference Court is duty bound to determine such market value, which is just, fair and reasonable. ... In the instant case, one cannot forget: (a) large extent of th....
2020 4 Supreme 616 • India - Supreme Court
ARUN MISHRA, VINEET SARAN, S.RAVINDRA BHAT
Antidumping Duty on Dumped Article and for Determination of Injury) Rules, 1995 – Rules 16 and 20 – Imposition of anti-dumping duty ... which exporters normally sell the same or like goods in their own countries so as to cause or be likely to cause injury to domestic market ... (A) Customs Tariff Act, 1975 – Section 9A – Customs Tariff (Identification, Assessment and Collection of ... of contemporaneous if not the latest data is a per-condition for the launch of valid investigation by the DA. ... and the producers within....
2016 0 Supreme(Ker) 273 • India - Kerala
ASHOK BHUSHAN, A.M.SHAFFIQUE
Land Acquisition and Requisition - Land Acquisition Act, 1894 - Section 28A - Re-determination of the amount ... of compensation on the basis of the award of the court - Rejection of Application - Maintainable or not - Held, While rejecting ... The facts of the case has been noticed by the Supreme Court. ... "The learned counsel appearing on behalf of the respondents, Ms. ... If the Land Acquisition Collector rejects their claim, the appellants/land losers are entitled to get the same referred to the Ju....
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