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Smt. Krishna Malhotra vs Union Of India on 25 January, 2007 cites

Special Deputy Collector & Anr. Etc vs Kurra Sambasiva Rao & Ors. Etc on 29 April, 1997

Even otherwise, in the judgment dt. 29.04.1997 reported in the case of Special Deputy Collector & Anr Vs Kurra Sambasiva Rao & Ors (1997) 6 SCC 41, it was held by the Hon'ble Supreme Court of India that marking of certified copies of sale deeds per se not admissible in evidence 20 unless duly proved by witnesses. Therefore, the aforesaid sale deeds relied upon by the counsel for the respondents are not applicable and cannot be considered as the basis for fixing the fair market value of the land in question on the date of notification u/s 4 of the LA Act. 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. This issue is answered accordingly.
Supreme Court of India Cites 0 - Cited by 568 - K Ramaswamy - Full Document

Sri M.B. Gopala Krishna & Ors vs The Special Deputy Collectors Land ... on 7 February, 1996

With due respect to the Hon'ble Supreme Court of India, the judgment in the case of M.B. Gopal Krishna & Ors (Supra) is not applicable to the facts & circumstances 19 of the present case since the petitioners herein are the co-owners and not the tenants in the land in question and further the Govt. has already fixed the market rates of the area for residential/ commercial purposes where the land in question situate vide the schedule of market rates Ex.PW4/1. 20 The counsel for the respondents have also relied upon the photocopy of the sale deed executed & registered on 26.05.1959 as Ex.R-2 and photocopy of the sale deed dt. 04.07.1958 as Ex.R-3. The copy of the sale deed no.2046 executed & registered on 13.03.1995 by Ms. Shamina Khatoon & Ors in favour of Ms.Amna Bi again exhibited Ex.R-2 and copy of sale deed no.7421 executed & registered on 14.01.1997 as Ex.R-3, certified copies of which have already been filed in LAC NO.76/1/06. The sale deeds executed in the year 1958 & 1959, Ex.R-2 & Ex.R-3 cannot be considered relevant for fixing the market value of the land in question in the year 1997. Further, the sale deeds which have again been exhibited as Ex.R-2 & Ex.R-3 are the also the sale deeds of the land situate at village Pul Bangash & Roshanara Road which were executed on 13.03.1995 and 14.01.1997 respectively. Here, I would like to point out that the sale prices of the land or the properties for fixing the fair market value of the acquired land on the date of notification u/s 4 of the LA Act have to be considered if the market rates of the area wherein the acquired land situate have not been fixed by the Govt. but in the present reference, the Govt. has already fixed the market rates of the area where the land in question situate for residential/ commercial purposes on the date of notification u/s 4 of the LA Act i.e. Rs.6,300/- per sq. mtr. for residential purposes.
Supreme Court of India Cites 1 - Cited by 19 - K Ramaswamy - Full Document

Shyam Sunder Agarwal & Co vs Union Of India on 9 January, 1996

The petitioners shall also get solatium u/sec. 23 (2) of LA Act @ 30% on the enhanced amount of compensation and interest u/sec. 28 of LA Act @ 9% per annum for the first year from the date of dispossession and @ 15% per annum on the difference between the enhanced compensation awarded by this court and the compensation awarded by the LAC for the subsequent period till the payment. The petitioners are further entitled to interest on solatium and additional amount in terms of judgment of Hon'ble Apex court titled Sunder Vs UOI reported in DLT 2001 (SC) 569. This reference is answered accordingly.
Supreme Court of India Cites 25 - Cited by 1784 - Full Document
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