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1 - 10 of 21 (0.31 seconds)Section 18 in The Land Acquisition Act, 1894 [Entire Act]
The Code of Civil Procedure, 1908
Chandrashekar (D) By Lrs. & Ors vs Land Acquisition Officer & Anr on 22 November, 2011
(i) Chandrashekar v. Land Acquisition Officer reported in 2011(13) SCALE
Subh Ram & Ors vs Haryana State & Anr on 20 October, 2009
(ii) Subh Ram and others v. State of Haryana and another reported in
(2010) 1 Supreme Court Cases 444. Certain excerpts from it, would run thus:
Administrator General Of West Bengal vs Collector, Varanasi on 16 February, 1988
"27. Administrator General of W.B. v. Collector, Varanasi [(1988) 2 SCC
150]contains a precise statement as to the concept of deducting development
cost. This Court stated: (SCC p. 157, para 12)
"12. It is trite proposition that prices fetched for small plots cannot
form safe bases for valuation of large tracts of land as the two are not
comparable properties. . The principle that evidence of market value of sales of
small, developed plots is not a safe guide in valuing large extents of land has
to be understood in its proper perspective. The principle requires that prices
fetched for small developed plots cannot directly be adopted in valuing large
extents. However, if it is shown that the large extent to be valued . is ripe
for use for building purposes; that building lots that could be laid out on the
land would be good selling propositions and that valuation on the basis of the
method of hypothetical layout could with justification be adopted, then in
valuing such small, laid out sites the valuation indicated by sale of comparable
small sites in the area at or about the time of the notification would be
relevant. In such a case, necessary deductions for the extent of land required
for the formation of roads and other civil amenities; expenses of development of
the sites by laying out roads, drains, sewers, water and electricity lines, and
the interest on the outlays for the period of deferment of the realisation of
the price; the profits on the venture, etc. are to be made. In Brig.
Brig. Sahib Singh Kalha And Ors. vs Amritsar Improvement Trust And Ors. on 1 October, 1981
Sahib Singh
Kalha v. Amritsar Improvement Trust[(1982) 1 SCC 419], this Court indicated that
deductions for land required for roads and other developmental expenses can,
together, come up to as much as 53 per cent. But the prices fetched for small
plots cannot directly be applied in the case of large areas, for the reason that
the former reflects the 'retail' price of land and the latter the 'wholesale'
price."
Mirza Nausherwan Khan & Anr vs The Collector (Land Acquisition), ... on 26 September, 1974
(emphasis supplied)
This Court referred to and relied upon several earlier decisions including
three-Judge Bench decisions in Mirza Nausherwan Khan v. Collector (LA)[(1975) 1
SCC 238] and Padma Uppal v. State of Punjab[(1977) 1 SCC 330].
Padma Uppal Etc vs State Of Punjab & Ors on 23 August, 1976
(emphasis supplied)
This Court referred to and relied upon several earlier decisions including
three-Judge Bench decisions in Mirza Nausherwan Khan v. Collector (LA)[(1975) 1
SCC 238] and Padma Uppal v. State of Punjab[(1977) 1 SCC 330].
Chimanlal Hargovinddas vs Special Land Acquisition Officer, ... on 21 July, 1988
In Chimanlal Hargovinddas v. Special Land Acquisition Officer [(1988)
3 SCC 751], this Court held: (SCC pp. 755-56, para 4)
"4. (15) . a large block of land will have to be developed by preparing a
layout, carving out roads, leaving open space, plotting out smaller plots,
waiting for purchasers (meanwhile the invested money will be blocked up) and the
hazards of an entrepreneur. The factor can be discounted by making a deduction
by way of an allowance at an appropriate rate ranging approximately between 20
per cent to 50 per cent to account for land required to be set apart for carving
out lands and plotting out small plots. The discounting will to some extent also
depend on whether it is a rural area or urban area, whether building activity is
picking up, and whether waiting period during which the capital of the
entrepreneur would be locked up, will be longer or shorter and the attendant
hazards."