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Documents citing The Special Land Acquisition Officer, ... vs T. Adinarayan Setty on 7 November, 1958

Fourth Wealth-Tax Officer vs Mrs. Doshibai N. Jeejibhoy. on 2 January, 1990

"The compensation payable to the price which a seller might reasonably expect to obtain from a willing purchaser, but as this may not be possible to ascertain with any amount of precision, the authority charged with the duty to award compensation is bound to make as estimate judged by an objective standard. The land acquired has therefore, to be valued not only with reference to its condition at the time of the declaration under section 4 of the Act but its potential value also must be taken into account. The sale deeds of the lands situated in the vicinity and the comparable benefits and advantages which they have, furnish a rough and ready method of computing the market value. This however, is not the only method. The rent which an owner was actually receiving at the relevant point of time or the rent which the neighbouring lands of similar nature are fetching can be taken into account by capitalising the rent which according to the prevailing rate of interest is 20 times the annual rent. But this also is not a conclusive method. This court had not in Special Land Acquisition Officer v. T. Adinarayana Setty (1959) Suppl. 1 SCR 404, AIR 1959 SC 429 indicated at page 412 the methods of valuation to be adopted in ascertaining the market value of the land on the date of the notification under section 4(1) which ar : (i) opinion of expert : (ii) the price paid within a reasonable time in bona fide transactions of purchase of the lands acquired or the lands adjacent to the lands acquired and possessing similar advantages; and (iii) a number of years purchase of the actual or immediately prospective profits of the lands acquired. These methods, however, do not preclude the court from taking any other special circumstances into consideration, the requirement being always to arrive as near as possible at an estimate of the market value. In arriving at a reasonable correct market value, it may be necessary to take even two or all of those methods into account inasmuch as the exact valuation is not always possible as no two lands may be the same either in respect of the situation or the extent or the potentiality nor is it possible in all cases to have reliable material from which that valuation can be accurately determined."
Bombay High Court Cites 10 - Cited by 0 - Full Document

State Of Maharashtra vs Ismile Abdul Gafur Patel Since Deceased ... on 29 September, 2005

The said decision has been reiterated by the Apex Court in number of decisions delivered after the decision of T. Adinarayan's case, Besides, it has been time and again clarified by the Apex Court that, while relying upon any other material including the decisions of the Court or sale instances, the issue regarding comparability cannot be ignored. It is absolutely necessary to ascertain whether the land which had been the subject-matter of a decision of the Court is comparable with the land which is a subject-matter of the valuation in the case before the Court.
Bombay High Court Cites 14 - Cited by 4 - R M Khandeparkar - Full Document

State Of Maharashtra vs Posha Rangu Mhatre Since Deceased Of His ... on 30 September, 2005

7. Upon hearing the learned advocates for the parties and on perusal of the records, the first point which arises for our consideration is as to whether the impugned award discloses correct procedure having been followed in evaluating the market value of the land in the facts and circumstances of the case? The Reference Court, after referring to the decision of the Apex Court in The Special Land Acquisition Officer, Bangalore v. T. Adinarayan Setty and after noting the methodology prescribed under the said decision of the Apex Court for the purpose of ascertaining the market value of the land acquired under the said Act, has proceeded to observe that in order to ascertain the market value, it is necessary to adopt one or more of those methods in land acquisition proceedings. In our considered opinion, this observation by the Reference Court apparently discloses misconstruction of the ruling of the Apex Court in the matter of evaluating the market value of the land acquired under the said Act. The methodology laid down under the said ruling does not give an option to the Reference Court to choose one or more methods as sought to be observed by the Reference Court but ruling clearly lays down the method to be adopted in evaluating the market value. The ruling reads thus :--
Bombay High Court Cites 19 - Cited by 1 - R M Khandeparkar - Full Document

Shalini Vaman Godbole vs Special Land Acquisition Officer on 22 June, 2009

"5. The question, therefore, is whether the Basic Valuation Register is evidence to determine the market value. This Court in Special Land Acquisition Officer v. T. Adhinarayan Setty, AIR 1959, SC, 429, in paragraph 9 held that the function of the Court in awarding compensation under the Act is to ascertain the market value of the land at the date of the notification under Section 4(1). The methods of valuation may be (1) opinion of experts (2) the price paid within a reasonable time in bona fide transactions of purchase of the lands acquired or the lands adjacent to the lands acquired and possessing similar advantages; and (3) a number of years purchase of the actual or immediately prospective profits of the lands acquired.
Bombay High Court Cites 28 - Cited by 11 - B H Marlapalle - Full Document

Shalini Vaman Godbole vs Special Land Acquisition Officer on 22 June, 2009

"5. The question, therefore, is whether the Basic Valuation Register is evidence to determine the market value. This Court in Special Land Acquisition Officer v. T. Adhinarayan Setty, AIR 1959, SC, 429, in paragraph 9 held that the function of the Court in awarding compensation under the Act is to ascertain the market value of the land at the date of the notification under Section 4(1). The methods of valuation may be (1) opinion of experts (2) the price paid within a reasonable time in bona fide transactions of purchase of the lands acquired or the lands adjacent to the lands acquired and possessing similar advantages; and (3) a number of years purchase of the actual or immediately prospective profits of the lands acquired.
Bombay High Court Cites 28 - Cited by 0 - B H Marlapalle - Full Document

Shalini Vaman Godbole vs Special Land Acquisition Officer on 22 June, 2009

"5. The question, therefore, is whether the Basic Valuation Register is evidence to determine the market value. This Court in Special Land Acquisition Officer v. T. Adhinarayan Setty, AIR 1959, SC, 429, in paragraph 9 held that the function of the Court in awarding compensation under the Act is to ascertain the market value of the land at the date of the notification under Section 4(1). The methods of valuation may be (1) opinion of experts (2) the price paid within a reasonable time in bona fide transactions of purchase of the lands acquired or the lands adjacent to the lands acquired and possessing similar advantages; and (3) a number of years purchase of the actual or immediately prospective profits of the lands acquired.
Bombay High Court Cites 28 - Cited by 0 - B H Marlapalle - Full Document

Shalini Vaman Godbole vs Special Land Acquisition Officer on 22 June, 2009

"5. The question, therefore, is whether the Basic Valuation Register is evidence to determine the market value. This Court in Special Land Acquisition Officer v. T. Adhinarayan Setty, AIR 1959, SC, 429, in paragraph 9 held that the function of the Court in awarding compensation under the Act is to ascertain the market value of the land at the date of the notification under Section 4(1). The methods of valuation may be (1) opinion of experts (2) the price paid within a reasonable time in bona fide transactions of purchase of the lands acquired or the lands adjacent to the lands acquired and possessing similar advantages; and (3) a number of years purchase of the actual or immediately prospective profits of the lands acquired.
Bombay High Court Cites 28 - Cited by 0 - B H Marlapalle - Full Document
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