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Bhagawathulla Samanna And Ors vs Special Tahsildar And Land Acquisition ... on 18 September, 1991 cites

Tribeni Devi And Ors vs Collector Of Ranchi on 25 January, 1972

The learned counsel for the appellants contended before us that the High Court had erroneously applied the principle laid down in Tribeni Devi's case (supra) without properly appreciating the nature of the land in question and the purpose for which it had been acquired. It was submitted that the land in question was fully developed and eminently suitable for being used as house sites and, therefore, there was no justification for making any deduction. It is also pointed out that even in respect of the land acquired for the purpose of formation of the road, the High Court wrongly proceeded on the basis that expenses have to be incurred for development and thus in awarding the compensa- tion, the High Court wrongly applied principles of deduction of 1/3 of the value. The learned counsel has taken us through the relevant evidence and maintained that the learned Subordinate Judge had reduced the land value to Rs. 10 per sq. yard though the market value was higher at Rs. 11 per sq. yard only because the appellants had themselves limited the claim to Rs. 10 per sq. yard The learned counsel for the respondent maintained that the appellants' land forms part of large tract acquired for the purpose of construction of houses, that the sale deed Exhibits A-1 to A-4 relate to small plots which are fully developed and when the transaction is compared, it is neces- sary to take into account the development that is required to be made for bringing the acquired land suitable for the purpose of construction and that the High Court was right in making the deduction of 1/3 of the value in the facts and circumstances of the case.
Supreme Court of India Cites 11 - Cited by 463 - P J Reddy - Full Document
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