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1 - 10 of 10 (0.21 seconds)Bhagawathulla Samanna And Ors vs Special Tahsildar And Land Acquisition ... on 18 September, 1991
(18) It is now a settled law that market value cannot be fixed with mathematical precision but must be based on sound discretion exercised by the Reference Court in arriving at just and reasonable price. It should not be based on feats of imagination or flight of fancy. Determination of compensation for compulsory acquisition involves consideration of the price which a hypothetical willing purchaser can be expected to pay for the lands in the existing use as well as valuable potentialities. The acid test is the arm chair of the willing vendor would offer and a prudent willing buyer, taking all relevant prevailing conditions of the normal market, fertility of the land location, suitability of the purpose it was purchased, its existing potentialities and likely use to which the land is capable of being put in the same condition would offer to pay the price, as on the date of the notification. In case of acquisition of large tracts of lands for projects situated in several villages, stray sale-deeds of small extent here and there would not form the basis to determine the compensation. Reference, if any, in case it is required, may be made to a decision of the Supreme Court in K. Posayya b Others v. Special Tehsildar, .
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Section 18 in The Land Acquisition Act, 1894 [Entire Act]
Section 24 in The Land Acquisition Act, 1894 [Entire Act]
Section 54 in The Land Acquisition Act, 1894 [Entire Act]
M/S. Printers House Pvt. Ltd. vs Mst. Saiyadan (Deceased) By L. Rs., And ... on 14 October, 1993
(14) In M/s Printers' House Pvt. Ltd.'s case (supra) the Apex Court held that to determine the market value of the land under Section 23(1) of the Act the sales of the land under acquisition, if any, or the sales in the neighbourhood lands that possessed of same or similar potentiality or fertility or other advantageous features would furnish basis to determine just and fair market value on the premise of a hypothetical willing vendor and willing vendee. The question that whether the lands covered by the sale deeds and relied upon possessed same or similar potentiality or fertility or advantageous features would be a question of fact for which relevant evidence must be brought on record by examining relevant evidence. Since in the instant case there is no evidence of comparison of the lands situate in Village Bahpur or Village Kilokari or with the sale instance dated 17.7.1957 by which some land was alleged to have been sold to Standard Vacuum Oil Company with any part of the land acquired, it will not be safe for us to place reliance upon the decisions relied upon and for that reason to make the awards relevant for assessing the amount of compensation.
The Land Acquisition (Amendment) Act, 1962
Dlf United Ltd. vs Union Of India on 1 October, 1996
(16) In Dlf United (P) Ltd. v. Union of India, , the land' involved therein sought to be acquired was located in an undeveloped area but adjoining a developed colony, namely. Greater Kailash. The reference Court while determining the market value on the basis of hypothetical building scheme firstly arrived at the total value of plots as the developed area (namely. Greater Kailash). The cost required for development and the cost of land was deducted from the price of developed plots. The balance figure was held to be the market value of undeveloped land on the basis of hypothetical building scheme. Approving the method, this Court observed that the land in question had a potential value. The acquired land was purchased for the extension of colony, therefore, land had a special value in the hands of the claimants as they would have exploited it for the purpose of extension had the land not been acquired.
A.N. Chopra, K.N. Chopra And R.N. Chopra vs Union Of India And Ors. on 26 August, 1994
In the case of A.N. Chopra v. Union of India and Others, , market value of the land in Village Zamrudpur has been assessed at Rs. 13.00 per sq. yard. Sale deed of plot in Kailash Colony measuring 500 sq. yards dated 24.3.1961 (Ext. A/7) reflects sale consideration of Rs. 25,000.00 thereby giving market rate of Rs. 50.00 per sq. yard. Another sale deed dated 19.10.1961 measuring 444.26 sq. yards in Kailash Colony was sold for Rs. 20,346.00 thereby giving market rate of Rs. 45.00 per sq. yard. This material was not relied upon by the Additional District Judge for determining the market value of the land.
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