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H.P. Housing Board vs Bharat S. Negi And Ors. on 27 January, 2004

30. Mr. K.N. Choudhury, learned senior counsel referred to the decision in H.P. Housing Board Vs. Bharat S. Negi and Ors., (2004) 2 SCC 184 to argue that when large area of land is acquired there must be a minimum deduction of 33 1/3 % towards development cost. In the present cases the sale deeds of agricultural land produced by the claimant was of the year 1984-88 while acquisition took place in June 1989 and as such the lands so sold would acquire more value at the time when tea garden lands were acquired and considered from that standpoint, deduction of 33 1/3 % would be unwarranted. Moreover, the value of the tea garden land is obviously higher than the 12 agricultural land and tea garden land has more productivity then the value of the agricultural land and in such circumstances when valuation of the tea garden land is made in comparison with the valuation of the nearby agricultural land deduction of 33 1/3% would definitely defeat the ends of justice.
Supreme Court of India Cites 0 - Cited by 121 - S N Variava - Full Document

The Special Land Acquisition Officer, ... vs P. Veerabhadarappa Etc. Etc on 9 January, 1984

Relying on the decision of the Apex Court in Special Land Acquisition Officer, 10 Davangere Vs. P. Veerabhadarappa and Ors., (1984) 2 SCC 120 appellant argued that when there is no evidence for computation of market value then the net return of the District Agricultural Officer in respect of "cha bhagicha" should be accepted. But in the referred decision it has clearly been held that normally the method of valuation by capitalization should not be resorted to where other methods are available.
Supreme Court of India Cites 10 - Cited by 82 - A P Sen - Full Document
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