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Shamsher Singh vs State Of Haryana And Others on 29 July, 2010

The basis of enhancement as such by the Reference Court while deciding 127 References lead case of which was LAC No.46 of 2014- Shamsher Singh Vs. State of Haryana and others is that the Divisional Level Evaluation Committee found favour with the objections of the Corporation and it reduced the market value and fixed it at ` 20,00,000/- per acre considering average sale price of the land for the last one year and the Collector's rate etc. Accordingly, the Reference Court came to the conclusion that there seems to be no valid justification for reducing the rate as assessed for the mere reason that the representative of the NPCIL had objected that the market value assessed was excessive. Accordingly, reliance was placed upon the report of the Sub Divisional Officer qua the market value and therefore, the same was taken into consideration to assess 2 of 15 ::: Downloaded on - 09-02-2020 20:30:04 ::: RFA No.1285 of 2016 and other connected appeals. -3- *** the market value of the acquired land at the rate of ` 600/- per sq. yard for the land of three villages i.e. Gorakhpur, Badopal and Kajalheri.
Punjab-Haryana High Court Cites 33 - Cited by 14 - M M Bedi - Full Document

Ashrafi & Ors vs State Of Haryana & Ors on 11 April, 2013

The argument has thus been raised by the landowners that the market value as such of the land of adjoining villages can also be taken into consideration to submit that the villages Dhanger and Matana are the adjoining villages. Therefore variation as such between two villages in question cannot be to that extent wherein market value on the one hand for the notification dated 12.2.2008 was held at ` 50,00,000/- per acre two years earlier. Reliance has also been placed upon the judgment of the Apex Court in Ashrafi and others Vs. State of Haryana and others 2013(5) SCC 527 to submit that the notification dated 21.7.1993 qua village Basti 7 of 15 ::: Downloaded on - 09-02-2020 20:30:04 ::: RFA No.1285 of 2016 and other connected appeals. -8- *** Bhiwan ` 350/- per sq. yard was granted which translates to ` 16,94,000/- per acre. Similarly reliance was also placed upon another award as such of village Matana whereby the Apex Court in Civil Appeal No.6755-6762 of 2013-Bhavani Dass (D) by L.Rs and others etc. etc. Vs. State of Haryana and others decided on 25.2.2015(Annexure A/6) while deciding the market value for the notification dated 2.10.2001 qua Fatehabad for the building of the Police Station Sadar and District Police Line, Fatehabad enhanced the market value to ` 866/- per sq. yard which translates to ` 41,91,440/-per acre.
Supreme Court of India Cites 29 - Cited by 132 - A Kabir - Full Document

Ramanlal Deochand Shah vs State Of Maharashtra & Anr on 5 July, 2013

On account of the cumulative discussion above, this Court is of the opinion that adequate opportunity is liable to be granted to the parties to 13 of 15 ::: Downloaded on - 09-02-2020 20:30:04 ::: RFA No.1285 of 2016 and other connected appeals. -14- *** produce proper evidence in support of their case. Even the Apex Court in Ramanlal Deochand Shah's case (supra) had also remanded the matter in the facts and circumstances of the case as no sale exemplar had been produced by the landowners. Therefore, this Court also remands the matter especially keeping in view the fact that the valuable land of the farmers had been acquired under the principle of 'eminent domain'. It is for the Court to assess the compensation objectively and it is settled principle that it is not a adversial form of litigation. The compensation is to be assessed in such a manner which is neither a case for unjust enrichment of the landowners but the Corporation has to pay the market value.
Supreme Court of India Cites 7 - Cited by 38 - T S Thakur - Full Document
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