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Ashok Kumar Son Of Sh. Charan Dass vs The State Of Haryana Through Land ... on 15 October, 2012
cites
The Land Acquisition Act, 1894
Gurdev Singh & Others vs State Of Haryana And Others ... on 18 January, 2010
The
remand became essential in view of the fact that earlier the awards had
been passed by reference to a judgment in the award where the lead
RFA No.2695 of 2002 -3-
case was Gurdev Singh and others Vs. State of Haryana. The
judgment in Gurdev Singh itself was a subject of remand by the Court
through a judgment rendered in RFA No.1281 of 1999 by a judgment
dated 27.10.2006. The parties had been granted liberty to adduce fresh
evidence with reference to the potentiality of the lands and the
valuation of properties of adjoining lands through various transactions of
private sales.
Mehrawal Khewaji Trust(Regd) ... vs State Of Punjab & Ors on 27 April, 2012
In recent judgment of the Supreme
Court in Mehrawal Khewaji Trust v State of Punjab (2012) 5 SCC 432,
the Supreme Court held that the Courts would be justified in taking the
highest value the prices.
Lal Chand vs Union Of India & Anr on 12 August, 2009
In Lal Chand v
Union of India (2009) 15 SCC 769 the Supreme Court has held that
allotment rates adopted by development authorities like DDA cannot
form the basis for award of compensation of acquisition of undeveloped
lands for several reasons and sets out inter alia that since statutory
authorities adopt different rates for plots in the same area with
reference to economic capacity of the buyer, it would be difficult to
ascertain the real market value. It may be unfair to make reliance on
these documents to determine the price. This is only to say that in the
manner of fixation of prices, I do not want to be on the wrong side by
fixing any rate more than what these sales have resulted. A property
that was fully developed and offered for sale in public auction ought to
be taken as representative of the higher ruling price and the fixation of
compensation now undertaken cannot exceed in any event beyond the
said amount. This ought to be merely a reference point for us to
examine whether the price determined is appropriate or not. We have
noticed that there is one property which deals with the large extent
Ex.P18, which is with reference to 16 marlas of land where the property
has been sold at the rate of Rs.500/- per sq. yard.
Prabhakar Raghunath Patil & Ors vs State Of Maharashtra on 11 November, 2010
10. The principle of determination of valuation when we take
small plots of land as exemplars has come through several decisions and
particularly in Prabhakar Raghunath Patil Vs. Maharashtra (2010) 13
SCC 107, the Supreme Court was examining the sales of transactions
RFA No.2695 of 2002 -12-
pertaining to small plots of land where large properties were acquired.
The Court adopted a deduction of 33% as appropriate.
The State Of Haryana And Others vs Baldev Singh And Others on 3 May, 2012
1. This batch of cases relates to determination of compensation
by way of enhancement over compensation assessed by the reference
court for acquisition of property under the Land Acquisition Act, some at
the instance of the landowners, some by the State and some by HUDA.
There is also Cross Objection No.23-CI of 2008 in RFA No.3280 of 2005 at
the instance of the private owner. These cases have been brought for
hearing after judgments recorded by the Reference Court through five
different judgments. The judgments were rendered after the cases were
remanded by this Court in the judgment in RFA No.5135 of 2002 titled
State of Haryana Vs. Baldev Singh and others dated 08.11.2006.
Chandra Bhushan & Others vs Anjani Kumar Singh, Special Land ... on 16 July, 2010
If we take the average value of all these properties, it
comes to ` 551/- per sq. yard, if we apply 33 ½ % cut for the
development charge in the light of what the Supreme Court has held in
Chandra Shekhar's case (supra), the value per square yard would be `
366/-. I have not taken the highest price among the sale deeds and
adopted the average valuation only because in the same town or city
there shall be different categories of land such as residential,
commercial and industrial plots with differential valuations and when
the prices of small plots obtain different prices depending on the nature
of user, the highest price among them shall not be appropriate. An
average price of various plots through sales shall be most appropriate.
This, in my view, would represent the proper and adequate market
value for the properties.
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