Search Results Page
Search Results
1 - 10 of 29 (1.63 seconds)The Code of Civil Procedure, 1908
Section 23 in The Land Acquisition Act, 1894 [Entire Act]
Kolkata Metropolitan Devt.Authority vs Gobinda Chandra Makal & Anr on 2 September, 2011
Applying the ratio of the above decision, we are of the view that
the post notification instances cannot be taken into consideration
for determining the compensation of the acquired land.
Kasturi & Ors vs State Of Haryana on 12 November, 2002
In Kasturi v. State of Haryana, 2003 1 SCC 354 the Court
held: (SCC pp. 359-60, para 7)
"7. It is well settled that in respect of agricultural land or
undeveloped land which has potential value for housing or
commercial purposes, normally 1/3rd amount of
compensation has to be deducted out of the amount of
compensation payable on the acquired land subject to certain
variations depending on its nature, location, extent of
expenditure involved for development and the area required
for road and other civic amenities to develop the land so as to
make the plots for residential or commercial purposes. A land
may be plain or uneven, the soil of the land may be soft or
hard bearing on the foundation for the purpose of making
construction; maybe the land is situated in the midst of a
developed area all around but that land may have a hillock or
may be low-lying or may be having deep ditches. So the
amount of expenses that may be incurredin developing the
area also varies.....................There may be various factual
factors which may have to be taken into consideration while
applying the cut in payment of compensation towards
developmental charges, maybe in some cases it is more than
1/3rd and in some cases less than 1/3rd. It must be
remembered that there is difference between a developed
area and an area having potential value, which is yet to be
developed. The fact that an area is developed or adjacent to
a developed area will not ipso facto make every land situated
in the area also developed to be valued as a building site
orplot, particularly when vast tracts are acquired, as in this
case, for development purpose.'
Tejumal Bhojwani And Ors vs State Of U.P on 26 August, 2003
The rule of 1/3rd deduction was reiterated in Tejumal
Bhojwani v. State of U.P., 2003 10 SCC 525, V. Hanumantha
::: Downloaded on - 24/07/2018 23:01:35 :::HCHP
14
Reddy v. Land Acquisition Officer, 2003 12 SCC 642, H.P.
Housing Board v. Bharat S. Negi, 2004 2 SCC 184 and Kiran
Tandon v. Allahabad Development Authority, 2004 10 SCC
.
H.P. Housing Board vs Bharat S. Negi And Ors. on 27 January, 2004
The rule of 1/3rd deduction was reiterated in Tejumal
Bhojwani v. State of U.P., 2003 10 SCC 525, V. Hanumantha
::: Downloaded on - 24/07/2018 23:01:35 :::HCHP
14
Reddy v. Land Acquisition Officer, 2003 12 SCC 642, H.P.
Housing Board v. Bharat S. Negi, 2004 2 SCC 184 and Kiran
Tandon v. Allahabad Development Authority, 2004 10 SCC
.
Kiran Tandon vs Allahabad Development Authority & Anr on 23 March, 2004
The rule of 1/3rd deduction was reiterated in Tejumal
Bhojwani v. State of U.P., 2003 10 SCC 525, V. Hanumantha
::: Downloaded on - 24/07/2018 23:01:35 :::HCHP
14
Reddy v. Land Acquisition Officer, 2003 12 SCC 642, H.P.
Housing Board v. Bharat S. Negi, 2004 2 SCC 184 and Kiran
Tandon v. Allahabad Development Authority, 2004 10 SCC
.
Spl. Tehsildar Land Acqn. ... vs Smt. A. Mangala Gowri on 9 August, 1991
36. While determining the market value of the acquired land,
normally one- third deduction i.e. 33 1/3% towards
development charges is allowed. One- third deduction
towards development was allowed in Tehsildar (LA) v.
A.Mangala Gowri, 1991 4 SCC 218, Gulzara Singh v. State of
Punjab, 1993 4 SCC 245, Santosh Kumari v. State of Haryana,
1996 10 SCC 631, Revenue Divl.
Deputy Director Land Acquisition vs Malla Atchinaidu And Ors on 12 December, 2006
37. Depending on the nature and location of the acquired
land, extent of land required to be set apart and expenses
involved for development, 30% to 50% deduction towards
development was allowed in Haryana State Agricultural
Market Board v. Krishan Kumar, 2011 15 SCC 297, Director,
Land Acquisition v. Malla Atchinaidu, 2006 12 SCC 87,
Mummidi Apparao v. Nagarjuna Fertilizers & Chemicals Ltd.,
2009 4 SCC 402 and Lal Chand v. Union of India, 2009 15
SCC 769.