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        Case ID :

        1977 (1) TMI 165 - SC - Indian Laws

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        Supreme Court affirms compensation for land acquisition, emphasizing fair market value determination. The Supreme Court upheld the High Court's decision in a land acquisition compensation case, awarding Rs. 88,381 to the appellant for land acquired for a ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Supreme Court affirms compensation for land acquisition, emphasizing fair market value determination.

                            The Supreme Court upheld the High Court's decision in a land acquisition compensation case, awarding Rs. 88,381 to the appellant for land acquired for a police station and residential quarters. The appellant's claim for higher compensation based on location and development potential was rejected, with the High Court determining Rs. 1 per square yard as fair market value. The Supreme Court affirmed this assessment, emphasizing the application of Section 23 of the Land Acquisition Act in determining compensation. The appeal was dismissed without costs.




                            Issues Involved: Appeal against judgment of Madhya Pradesh High Court regarding compensation for land acquisition.

                            Details of the Judgment:
                            The appellant's land was acquired for a police station and residential quarters. Initially, compensation was awarded at the rate of Rs. 100 per bigha, totaling Rs. 7,616. The appellant sought higher compensation at Rs. 10 per square yard. The District Judge determined the market value at Rs. 900 per bigha, awarding a total of Rs. 32,285. On further appeal, the High Court awarded compensation at Rs. 1 per square yard, totaling Rs. 88,381, including solatium and interest.

                            The appellant argued that the land's location and potential for development warranted higher compensation. The High Court considered various factors and concluded that Rs. 1 per square yard was fair market value. Reference was made to a previous judgment emphasizing that compensation for large areas cannot be based on prices of small plots. The Court upheld the High Court's decision, citing Section 23 of the Land Acquisition Act regarding market value determination.

                            The Supreme Court found no fault in the High Court's assessment of market value and upheld the compensation awarded. The appeal was dismissed without costs.

                            Separate Judgment: None.
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                            ActsIncome Tax
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