As the lands acquired under Land Acquisition Act comes within developed municipal limits, up to 1/3rd amount of valuation was decided by Apex Court to cut while computing the valuation
Civil Appeal No. 5168 of 2016
Bench: Justice Anil R. Dave; Justice Adarsh Kumar Goel; Justice D. Y. Chandrachud
Case Brief: In the present case, the bench considered it not necessary to issue a notice to the respondent considering the facts in the case that the matter is covered by the decision of this court in Shanti & Ors. Etc. Vs. State of Haryana & Ors (2014), however, the respondents were given right to approach this Apex Court, if they feel aggrieved, by filing application. In the present case, the appellant here have preferred the appeal challenging the judgement dated passed by the High Court of Punjab and Haryana. Being the facts in the case were appeared similar with the case of Ashrafi and Others Vs. State of Haryana & Others (2013) the bench decided the appeal on the said ration laid down in that case. It was seen in that case that the High Court in the said case assessed the compensation payable for the acquired lands at the rate of Rs. 805 per sq. yard along with the statutory sums available under section 23 (1A) of the Land Acquisition Act and solatium on the market value under Section 23 (2) thereof. It was also indicated that the land owners would also be entitled to interest as provided under Section 28 of the Act. Moreover, the High Court had also applied a cut of 60 per cents for deciding the valuation of the lands and also considered that the lands in questions were small plots, the value whereof was definitely higher than the lands which had been acquired which were much larger in area.
The apex court held the decision of the High Court justifiable as to size of the plots, which were exhibited for the purposes of comparison with the size of the plots acquired, but the apex court had not uphold the cut of 60 per cent, which has been imposed by the High Court, since the acquired lands were already within developed municipal limits. However, a cut of 1/3rd the value was decided as appropriate. Thus, the valuation by high court was modified by apex court and directed that the amount of compensation be reassessed upon imposing a cut of 331/3 per cent while re- assessing the value of the land. Thus, the apex court in that case disposed of appeal observing these instances.
Read the Judgement: Zile Singh Vs. State of Haryana and Ors