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Kanchan Mala Bajrai And Ors vs The State Of Jharkhand And Ors on 7 February, 2022

In the judgement passed by the Hon'ble Supreme Court in the case of Mala and others v. State of Punjab and others, (2023) 9 SCC 315: 2023 LiveLaw (SC) 663, the principles with regards deduction on account of development cost has been considered. It was argued before the Hon'ble Supreme Court that it is well-settled position of law that while determining the deduction for development charges, the courts should keep in mind the nature of land, area under acquisition, whether the land is developed or not, if developed to what extent, the purpose of acquisition, etc. Though, it is true that while determining the market value of large chunk of land, the value of smaller pieces of land could be taken into consideration, however, after making appropriate deduction in the value of lands or setting apart land required for carving out roads, leaving open spaces, plotting out smaller plots, etc. The percentage of deduction or the extent of area required to be set apart has to be assessed by the courts having regard to the size, shape, situation, user, etc. of the lands acquired. It is essentially a kind of guess work the courts are expected to undertake.
Jharkhand High Court Cites 0 - Cited by 0 - A R Choudhary - Full Document
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