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1 - 10 of 16 (0.21 seconds)Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Section 2 in The Land Acquisition Act, 1894 [Entire Act]
V.G. Kulkarni vs The Spl. Land Acquisition Officer on 15 March, 1996
''Not much material has been placed before us which could help
the court to determine the fair market value of the land in question while
the petitioners have placed whole emphasis on the fact that the land
sought to be acquired by the respondents vide their notification U/s 4 dt.
28.11.2002 is part of a fully developed commercial area and has great
potential and they are entitled to the present market value prevalent in the
area at the relevant time. The petitioners rely upon the public auction
conducted by the DDA in relation to plot No. 70, Nehru Place, wherein the
land was auctioned at a price of Rs.1,91,666/- per sq. mtr. The Hon'ble
High Court of Delhi further observed that it was concerned only with the
fixation of a fair market price of the land, prima facie. While determining
prospective use of the land or its future potential and development by
itself, cannot be the only basis for the court to determine the market value
of the acquired land. It is for the claimants to prove on record that the
land or its surrounding areas have been fully developed at the time of
notification. Granting of compensation is a mtter of serious consequence
and thus cannot be based upon the element of conjuncture. Reference in
this regard can be made to the judgment of the Supreme Court in the case
of B.G. Kulkarani Vs Special Land Acqusition Officer JT 1996 (4) SC 220 as
well as Trilochan Singh Vs State of Punjab 1995 LACC 283 SC. Normally,
the auction by public authorities of fully developed plots cannot be stated
to be a fair guiding factor for determining the fair market value of the land
sought to be acquired by the Government at a subsequent stage. Of
course, location, potential, utility would be the relevant factors which the
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court upon due proof by the claimant, may take into consideration.
Santa (Died) And Ors. vs State Of Haryana And Anr. on 12 August, 1999
Auction of a developed plot by a public authority may not be a proper
guide for determination of such compensation. It will be appropriate to
refer to the judgment in the case of Santa (Died) & Ors Vs State of Haryana
& Anr 2000 (2) PLR 501 while referring to various judgments of the
Supreme Court as well as of that Court, it was held as under:-
State Of Haryana And Ors. vs Rajinder Kumar And Ors. on 3 June, 1999
Again in the case of State of Haryana Vs Rajinder
Kumar, RFA No. 2351 of 1998 decided on 03.06.1999 the
court held as under:-
M.C. Mehta vs Union Of India & Ors on 18 March, 2004
In this context, whether the land in question may be treated
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either residential or commercial, a reliance can be placed upon the judgment
reported in the case of M.C.Mehta Vs UOI & Ors AIR 2006 SC 1325, it was held by
the Hon'ble Supreme Court of India as under :
Special Deputy Collector & Anr. Etc vs Kurra Sambasiva Rao & Ors. Etc on 29 April, 1997
10 The issue nos. 2 & 3 are inter connected and I shall decided both the issues
together. The onus to prove these issues is upon the petitioner. The petitioner has
sought enhancement in compensation on the aforesaid grounds which are not
repeated herein for the sake of brevity. Before considering & evaluating the market
value of the acquired land on the date of notification i.e. 12.06.1997 U/sec. 4 of the
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LA Act, I would prefer to rely upon the judgments of the Hon'ble Supreme Court of
India as well as the Hon'ble High Court of Delhi. The basic test was laid down by
the Hon'ble Supreme Court in Special Dy. Collector & Anr. Vs Kurra Sambasiva Rao
& Others, AIR 1997 SC 2625 and it was held that :
Anil Kumar Sharma vs Union Of India on 21 July, 2000
In the case of Anil
Kumar Sharma Vs UOI 86 (2000) DLT 825 (DB), it was held by the Hon'ble High
Court of Delhi that acquired land was already developed and possessed of
amenities. No reason to hold that fair market value of the land in vicinity as on the
date of notification for similar plots would less than Rs.800/- per sq. mtr or less
than Rs.345/- sq. yard. No scope for further deductions. Thus, I have no hesitation
to hold that the market value of the land in question situate at Ram Bagh area
forming part of Delhi village/ Delhi Patti acquired vide the notification dt.
12.06.1997 u/s 4 of the LA Act was at Rs.6,300/- per sq. mtr.