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1 - 10 of 23 (0.30 seconds)Dadu Yogendrenath Singh & Ors vs The Collector, Seoni on 25 January, 1977
In Dadu Yogendra Nath Singh and Ors. v. The Collector,
Seoni reported in 1977 (2) SCC 1, the doctrine of potential value
as espoused in N.B. Jeejabhoy v. The District Collector, Thana, Civil
Appeals Nos. 313 to 315 of 1965, D/-30-8-1965 (SC) was quoted as
under:
Section 2 in The Indian Stamp Act, 1899 [Entire Act]
Section 27 in The Indian Stamp Act, 1899 [Entire Act]
Prithvi Raj Taneja (Dead) By Lrs. vs The State Of Madhya Pradesh And Anr. on 18 January, 1977
In Prithvi Raj Taneja v. The State of Madhya Pradesh and
another, reported in 1977 (1) SCC 684, while considering section
23 of the Land Acquisition Act, the Supreme Court observed that
market value means price that a willing purchaser would pay to a
willing seller for the property, having due regard to its existing
condition with all its existing advantages and its potential
possibilities when laid out in the most advantageous manner
excluding any advantage due to the carrying out of the scheme for
which the property is compulsorily acquired. In considering market
value, the disinclination of the vendor to part with his land and the
urgent necessity of the purchaser to buy should be disregarded.
There is an element of guess-work inherent in most cases involving
determination of the market value of the acquired land. But this in
the very nature of things cannot be helped. The essential thing is to
keep in view the relevant factors prescribed by the Act. If the
judgment of the High Court reveals that it has taken into
consideration the relevant factors, the assessment of the market
value of the acquired land should not be disturbed.
Section 2 in The Land Acquisition Act, 1894 [Entire Act]
Section 23 in The Land Acquisition Act, 1894 [Entire Act]
Jit Ram Shiv Kumar And Ors. Etc vs State Of Haryana And Anr. Etc on 16 April, 1980
It was observed in Atma Singh (Dead) Through Lrs. & Others
v. State of Haryana & Another, reported in 2008 (2) SCC 568
that for ascertaining the market value of the land, the potentiality of
the acquired land should also be taken into consideration.
Potentiality means capacity or possibility for changing or developing
into state of actuality. It is well settled that market value of a
property has to be determined having due regard to its existing
condition with all its existing advantages and its potential
possibility when led out in its most advantageous manner. The
question whether a land has potential value or not, is primarily one
of fact depending upon its condition, situation, user to which it is
put or is reasonably capable of being put and proximity to
residential, commercial or industrial areas or institutions. The
existing amenities like, water, electricity, possibility of their further
extension, whether near about town is developing or has prospects
of development have to be taken into consideration.
Raghubans Narain Singh vs The Uttar Pradesh Government Through ... on 23 September, 1966
In Digamber & Ors v. State Of Maharashtra & Ors, reported in
2013 (14) SCC 406, it was held, inter alia, to the effect that the
acquisition of the land - whether for commercial purpose or not -
should be the relevant criteria for determining the market value
while applying the principles laid down in Atma Singh (supra). In
other words, for ascertaining the market value of the land, the
potentiality of the acquired land should also be taken into
consideration.
Digamber & Ors vs State Of Maharashtra & Ors on 1 August, 2013
In Digamber & Ors v. State Of Maharashtra & Ors, reported in
2013 (14) SCC 406, it was held, inter alia, to the effect that the
acquisition of the land - whether for commercial purpose or not -
should be the relevant criteria for determining the market value
while applying the principles laid down in Atma Singh (supra). In
other words, for ascertaining the market value of the land, the
potentiality of the acquired land should also be taken into
consideration.